Bissell

Action to recover on a promissory note, and to obtain a decree of foreclosure of a mortgage given as security therefor.

The court below held that the promissory note, except the last installment, was barred by the statute of limitations, and gave judgment for the last installment only, with a decree of foreclosure. From this judgment plaintiff prosecutes this appeal.

The sole question here is as to the construction to be placed upon the promissory note, which reads as follows:—

The action was commenced October 16, 1900, and in time if the whole of the note became due October 27, 1896, and not' before, but not otherwise. The note was made in contemplation of all the payments being made within three years after its date, but it contains the express agreement that eighty dollars was to be paid November 1, 1893, and $12.50 on the first of each and every month thereafter. There is no ambiguity as to this. The parties agreed to it, and it is not for the courts to make contracts for them. It is elementary that the statute of limitations commences to run from the time an action might be brought. If the first installment, eighty dollars, was not paid November 1, 1893, the plaintiff…