Fletcher
Fletcher v. Dennison
Opinion
lead Opinion
McFarland, J.
On October 21,1891, the defendants gave their negotiable promissory no.te to plaintiffs for three thousand dollars, due two years after date, with interest at ten per cent per annum payable semi-annually according to coupons attached. The note contained this clause: “If any interest or any installment thereof be not paid whén due, it may be compounded semiannually and added to said principal and thereafter bear interest at the rate of ten per cent per annum; or, at the option of the holder of this note, if said interest or any installment thereof be not paid when due, the whole of said principal sum shall immediately become due and payable without notice to us.” At the same time defendants executed to plaintiffs a certain mortgage to secure said note. Interest not having been paid when due, plaintiffs commenced this action to foreclose the mortgage, for a deficiency judgment, etc. Those of the defendants who did not suffer default demurred to the complaint upon the general ground of want of statement of sufficient facts, and upon the special ground of ambiguity and uncertainty. The demurrer was overruled; and defendants declining to answer, judgment was rendered for plaintiffs.…