H. Hackfeld & Co. v. Achi

OPINION OF THE COURT BY

HARTWELL, J.

Tbis was a bill to foreclose a mortgage made July 1, 1899, by the defendant Achi to the defendant Monsarrat to secure the mortgagor’s four notes aggregating $40,000 and interest, payable respectively to Monsarrat’s order in six months, one year, two and three years from their date. At the same time Monsarratt gave the plaintiff his promissory note for $42,101.80 payable to the plaintiff’s order “within three years after date” with interest at eight per cent, and executed and delivered to the plaintiff an instrument reciting his above mentioned note and…