Luddy

This is an ordinary suit on a note and mortgage made and executed by defendant to plaintiff. The usual judgment of foreclosure was rendered, and defendant appeals from the judgment, bringing up only the judgment-roll.

The appellant contends that the complaint does not state facts sufficient to constitute a cause of action, because there is no express averment therein that the principal sum of the note and mortgage was “due” at the commencement of the action. The complaint sets out in full the note and mortgage sued on, which show on their face that the principal was due and payable about two years before the commencement of the action; and it is averred that “no part of the principal mentioned in said promissory note and mortgage has been paid,” etc., and that “the principal sum of" said promissory note, to wit: fifteen hundred (1500) dollars, is unpaid, and is owing by said defendant John L. Pavkovich to J. R. Luddy plaintiff herein.” These averments are entirely sufficient to show what the contract sued on was, and that appellant had violated it by not paying the note after its maturity. And the sufficiency of the complaint in this respect is an answer to appellant’s contention…