Mitchell v. D'Armond

The opinion of the court was delivered by

Manning, C. J.

The defendant is sued on this obligation ;

“ Clinton, July 27. 1869

“ Four years after date we promise to pay A. Mitchell, or order, the sum of four thousand dollars, in eight instalments, of five hundred dollars each, to be paid every six months, from January first, 1870, each instalment of five hundred dollars,, bearing eight, per cent interest after maturity till paid, for value received.

T. H. D’Abmond,

O. R. Cornelius.”

*397The plaintiff is the representative of the deceased payee, and prays a judgment for the whole amount, having alleged and…