Ballard

This is an action to recover a balance of two hundred dollars with interest, claimed to be due on a promissory note, and to foreclose a mortgage executed by the above-named defendant and his wife to secure its payment.

The only issue in the court below was whether the amount claimed had been paid, and this was found in favor of the defendants.

From the judgment entered in their favor, and from an order denying a new trial, the plaintiff appeals. Two points are made on the appeal,—insufficiency of the evidence to justify the finding of payment, and errors of law in the admission of certain evidence.

Considering the point first made, the facts are: That in July, 1896, the note sued on was executed by defendant Nye, and the mortgage by himself and his wife in favor of plaintiff. Previous to the execution of the mor.tgage, Nye had procured a policy of insurance for one thousand dollars upon a house situated on the mortgaged premises, which policy was properly indorsed, the loss made payable to the plaintiff as mortgagee “as her interest may appear.” He took also an additional policy on the building for one thousand dollars, payable to himself. Six months thereafter the house was…