Thompson

This is an action to foreclose a mortgage given to secure a promissory note. The appeal involves only a small amount of interest on the principal of the note. The note was dated March 20, 1888, and matured two years after date. The interest clause which gives rise to the present controversy is as follows: “With interest thereon, in like gold coin, from the date hereof until paid, at the rate of eight per cent per annum, payr able monthly, in advance, and if said principal or interest is not paid as it becomes due it shall thereafter bear .interest at the rate of one per cent per month.” The monthly interest was paid each month until the maturity of the note. After that, the principal not having been paid, the defendant continued to pay to plaintiff, who was the holder of the note, the monthly interest at eight per cent per annum; and said interest at said rate was received by plaintiff and accepted by her as payment of said monthly interest until February 20,1892. On said last-named day defendant offered to pay a month’s interest as usual — at the said rate of eight per cent per annum —but the plaintiff refused to receive it, and claimed interest at one per cent per month as…