Sheehy

On January 5, 1891, the defendant executed to the plaintiff his promissory note, whereby he promised to pay plaintiff, one day after date, $1,050 “in U. S. gold coin,” with interest, etc. On December 1, 1891, the plaintiff commenced this action to recover the amount due on the note, and prayed judgment for the amount “in the gold coin of the United States.” The complaint was verified, and a complete copy of the note was set out therein. The answer of the defendant “admits the making of the promissory note alleged and set forth in said complaint,” and the only defense interposed is an allegation “that it was understood and agreed that the sum sued for in this action was not to become due or payable until after the defendant herein had received sixty days’ previous notice, which notice should be given by plaintiff to defendant before the same should become due or *618 payable”; and a further allegation “that the plaintiff failed and neglected -to give sixty days’ notice, and that the said sum sued for in this action, and that said promissory note, is not due or payable, and that the action herein is premature.” At the trial the plaintiff testified that he was the owner and holder of…