Holbrook

The action was to recover upon the following instrument, designated in the complaint as “a contract and promissory note”:

It is alleged that, on April 1, 1912, and frequently since said date, plaintiff demanded of F. R Lewis, one of the parties to said contract, that he pay to plaintiff the sum of $1227.86, with interest at seven per cent per annum from April 1, 1908, to date of demand, but that the said Lewis has refused and does now refuse to pay the same; that prior to the commencement,of the action and on May 6, 1912, “and at several other times,” plaintiff demanded of defendant Holbrook that he pay to plaintiff said sum with interest according to said contract and promissory note but that the said Holbrook “has not paid said sum or any portion thereof, except the sum of $343.76 on account of interest to April 1, 1912”jj that, “ever since said 23d day of March, 1911, plain tiff has been and now is the owner and holder of said promissory note and contract”; “that no part of said note, or the amount due under the terms of said contract . . . has been paid, except said sum of $.... interest, but that the whole amount specified in said note and contract, together with interest…