Fisk

Appeal from an order discharging an attachment in an action on four promissory notes—the *401 first for $30, dated December 5, 1891; the second for $40, dated March 25, 1892; the third for $100, dated April 12, 1892; and the fourth for $238.58, dated November 17, 1892—the first and last two drawing compound interest at the rate of three per cent per month and the second like interest at rate of two and a half per cent per month. Neither the substance nor legal effect of any one of the notes was stated in the body of the complaint, but a copy of each note was attached to the complaint and therein referred to as an exhibit. Immediately under the note of November 18, 1892, for $238.58, was written an assignment by defendant to plaintiff of one hundred shares of “ Belcher Mining Stock// “ as collateral security for the payment” of the last-mentioned note, and an authorization of plaintiff to sell the stock at public or private sale, with or without notice, in case of default in payment of principal or interest of that note, and to apply the net proceeds of the sale to the payment of the last-mentioned note, and the surplus, if any, to the payment of any other obligations of defendant…