Hyatt v. Clements

This was an action by the appellee, as plaintiff, against the appellant, as defendant, to recover the amount alleged«to be due on two promissory notes.

The appellee’s complaint was in two paragraphs, each of which counted upon a different note. The notes were both executed by the appellant, and were payable to the appellee.

In the first paragraph of her complaint, the appellee sued on a note for forty-five hundred dollars, dated January 28th, 1868, piayable one day after date, without relief, etc., with ten per cent, interest from date, and containing a stipulation, that, “If this note should…