Finger
Finger v. McCaughey
Opinion
Lead Opinion
Britt, J.
Foreclosure of a mortgage made by George McCaughey on June 6, 1889, to secure his note of same date in plaintiff’s favor for the principal sum of five hundred dollars, payable February 6, 1890, which note contained a clause respecting interest as follows: “With interest from date at the rate of ten per cent per annum, provided this note is paid at maturity, but, if not paid at maturity, then it shall bear interest at the rate of twelve percent per annum from its date until paid, and, if the interest is not paid at the end of one year from date, it shall become a part of the principal and bear twelve per cent interest per annum.” George Mc-Caughey died on March 1, 1890, and the defendant became his administratrix; the demand of plaintiff, founded on said note and mortgage, was duly allowed as a claim against the estate of said deceased “ for the sum of five hundred dollars and the interest due or to become due thereon, at the rate of twelve per cent per annum.” Judgment of foreclosure and sale was rendered March *66 11, 1895; the court declaring that there was then due to plaintiff, as principal and interest of his debt, the sum of $788.10. In ascertaining this amount the interest…