Ball

This case comes up on the judgment-roll, without a bill of exceptions. The action is for a money demand. The complaint alleges that the defendant made and executed a promissory note, in words and figures following,—to wit:—

And it is further provided in the said note that should the note run overdue it shall bear interest from maturity at the rate of fifteen per cent, and that in case suit is commenced thereon an. additional sum of ten per cent on the principal shall be paid as attorney’s fees. Certain collateral securities are mentioned as having been turned over as security for the payment of said note. After copying the note in full, the complaint proceeds: "Whereby he promised to pay plain tiff the sum of one thousand ($1,000.00) dollars, with interest at the time and in the manner therein specified, and then and there delivered the said note to the said plaintiff. That at the same time the defendant, as a pledge to secure the repayment of said note, delivered to plaintiff the following described certificates of stock,.—to wit,” (giving the certificátes of stock referred to). The complaint further avers that the plaintiff paid the assessments on the stocks put up by the…