Thompson

This is an appeal by plaintiff from a judgment in her favor for $1,283.85, without costs, and for costs *607 in favor of defendant. The whole contention arises upon the rate of interest due upon a promissory note, of which the following is a copy:

Plaintiff succeeded to the note, and a mortgage given to secure the payment thereof, by assignment before maturity. The interest on the note was paid when due, and was paid to plaintiff at the rate of eight per cent per annum, and accepted by her in full, until the twentieth day of February, 1892, when, upon the tender to her of one month’s interest at said rate, she refused to receive the same in full, and claimed interest at one per cent per month, and demanded an additional four per cent per month on the principal from the maturity of the note, compounded, so .as to make up, with that paid, one per cent per month. On the eighteenth day of March, 1892, and before the commencement of this action, defendant tendered to plaintiff $1,283.85, which is conceded to be all that was due upon the note unless plaintiff was entitled to interest at one per cent per month, and upon the commencement of the suit defendant paid said sum into court for…