Glass v. Alphonse Mortgage Co.

YARRUT, Judge.

Plaintiff seeks recovery of $1911.20, balance of a refund alleged to be due him for the premature payment in ten months of a second mortgage note, by its terms payable in 36 monthly installments. From a judgment in his favor for $1727.30 Defendant has taken this appeal.

The undisputed facts are: On January 27, 1961, Plaintiff borrowed $4500.00, secured by second mortgage on his home, the first mortgage of $20,000.00 being held by an insurance company. The note and mortgage was for $7556.04, the excess of $3056.-04 being capitalized discount and interest. The note was payable over…