Blackinton

Action to recover upon a promissory note. The complaint alleges that defendant made and delivered, to plaintiff his certain promissory note, dated October 21, 1908, due on or before one year after date, and bearing interest at the rate of ten per cent per annum, payable quarterly; that interest thereon had been paid up to October 21, 1909, and that no part of the principal of the note had been paid. The prayer was for the principal sum of $5,000 and interest thereon from October 21, 1909, at the rate of ten per cent per annum, as provided by the terms of the note.

Defendant failed to answer,, and judgment was rendered on default in accordance with the prayer of the complaint.

Defendant appeals from the judgment and insists upon reversal for the reason that in addition to the rendition of judgment for the principal sum of $5,000, the court gave judgment for interest accruing subsequent to October 21, 1909, in the sum of $229.16. The verified complaint treats the principal and interest specified in the note separately, it being alleged that no part of the principal has been paid, but is silent as to whether or not the interest accruing after October 21, 1909, for the amount of…