Riegel

The complaint seeks the foreclosure of a mortgage given to secure the payment of a note' for the sum of $20,000, dated August 1, 1914, due in three years, with interest at the rate of seven per cent per annum from date, payable quarterly, and if not so paid, to be compounded.

The answer alleges that the only consideration received by defendants for the execution of the note was $19,400, and that the consideration for the note in any greater sum has wholly failed. As a further defense, defendants allege that under the provisions of section 1917 of the Civil Code plaintiff is not entitled to interest prior to the maturity of the note, and that there had been paid prior to the commencement of the suit the sum of $3,150, which should be credited on the $19,400, and judgment entered for the principal sum of $16,250, with interest from the date the note fell due by its terms. By way of counterclaim, defendants aver that, they borrowed the sum of $19,400 and executed their note for $20,000; that they have paid $3,150, which should be offset against the $19,400 borrowed; and pray that $3,950 shall be deduetéd from the amount found due on the note. There is nothing to show how appellants…