Collier v. E. C. Miller Cedar Lumber Co.

The plaintiff brought this action upon four promissory notes or bonds, each in the principal sum of one hundred dollars, seeking a money judgment. The defendant admitted liability and that the notes were in default, and pleaded that the sole right of action upon them rested in the trustee, according to the terms and conditions of the notes and what is called a “mortgage and trust agreement.” The cause was tried to a court without a jury, and resulted in findings of fact from which it was concluded that the plaintiff had a right to recover. From the judgment entered in accordance with the…