Bram

The plaintiff appeals from a judgment entered after an order sustaining demurrer to her amended complaint and after her default in the matter of further amending the complaint.

The action was commenced September 21, 1912, and its purpose is to obtain judgment that a certain sum of money obtained by the defendants in the form of a loan from the plaintiff (a note and chattel mortgage being executed to plaintiff in connection therewith), was obtained by the defendants by means of fraud and deceit; that the plaintiff have judgment for an unpaid balance of the money loaned, and a judgment that the defendants hold said unpaid balance of money in trust for the plaintiff.

On October 8, 1909, the plaintiff delivered to the defendants the sum of fifteen thousand dollars as a loan. Thereupon a note for fifteen thousand dollars was executed and delivered to the plaintiff, bearing interest at - the rate of eight per cent per annum, interest payable quarterly, principal payable 5 years from date October 8, 1909; and further providing that upon failure to pay said interest quarterly that the whole sum of principal and interest should become immediately due and payable to the plaintiff. The…