Waddingham

Action on promissory note. Judgment for plaintiff and defendant appeals.

Defendant on August 1, 1905, executed to plaintiff’s assignor a promissory note for $2,000, using for that purpose a blank form as. follows:

The amount ($2,000), date (August 1, 1905), day when due (November 1, 1905), and the name of the payee (Capíes Bros., Portland, Oregon), were inserted in the proper blanks in the form; the words italicized were erased by running a pen through them, and there was written immediately above them the words, “without interest.”

It is conceded that the portion of the note included in the brackets has no bearing upon the question to be considered upon this appeal, which is: Was it the intention of the parties to said note that the principal should bear interest as provided in the last clause of the note ?

The agreement that the principal shall bear interest at the rate of two per cent per month after maturity is irreconcilable with the promise “without interest until paid.” The words “until paid” are a part of the original form, and the words “without interest” are the only written part of the instrument to be considered in applying the rule of section 1651 (Civ. Code) that…