Ward

Action upon a promissory note for $2,546.48, on which plaintiff recovered a balance unpaid of $790.75 and costs. The appeals are from an order denying defendant’s motion for new trial, and from the final judgment.

The complaint states:—

“1. That on or about the seventh day of December, 1883, the defendant, Mrs. Sadie I. Clay, and her husband, Frederic Clay (since deceased), were indebted to the said plaintiff, John T. Ward, in the sum of twenty-five hundred and forty-six and forty-eight hundredths dollars ($2,546.48), and on said seventh day of December, 1883, in consideration of said indebtedness, Mrs. Sadie I. Clay, defendant herein, and Frederic Clay aforesaid, executed and delivered to said John T. Ward their promissory note, in words and figures which in a copy of said note annexed to this complaint, and marked ‘ Exhibit A,’ are fully set forth.”

The second paragraph alleges certain collateral security “for the aforesaid note of $2,546.48.”

“3. That the principal sum of $2,546.48 on said note of Mrs. Sadie I. Clay and Frederic Clay, and the inter *504 est thereon at ten per cent per annum, payable quarterly in accordance with the terms of said note, from the seventh day…