Mundorff
Mundorff v. Ramm
Opinion
Lead Opinion
Hart, J.
This action was instituted by the plaintiff against the defendants to recover on a promissory note, alleged to have been executed by the defendants in favor of the plaintiff on the first day of September, 1920, for the sum of $25,000, interest payable at the rate of six per cent per annum.
The cause was tried before a jury by whom a verdict was returned in favor of Pearl Ramm, etc., and judgment as to her was entered accordingly. The defendants Knox, Noroian and Hagopian defaulted and judgment on their default was entered against them for the full amount of the note sued on. A motion for a new trial as against the verdict in favor of said Pearl Ramm, etc., was made and denied. This appeal is by the plaintiff from the judgment in favor of said Ramm.
The note declared upon is set out in full in the complaint. It provides for the payment thereof in installments as follows: $10,000 on or before the first day of January, 1921; $7,500 on or before the first day of April, 1921, and $7,500 on or before the first day of September, 1921. Said note provides that interest on the principal shall be payable semiannually and that if default be made in any installment of principal or interest,…