Baird v. Bartholomay

This is an action to foreclose a chattel mortgage executed and delivered to the plaintiff to secure the payment of a promissory note for $946.65 with interest at 8 per cent per annum until paid, and due on October 1, 1931. No part of the principal or interest has been paid.

The complaint alleged the note was due on October 1, 1932, basing this upon a notation in the body of the note — “Due Oct. 1 —, 1932.” The note is dated May 14, 1931, and specifies that it is due on October first after date. The mortgage given to secure the note describes the note as being due on October 1, 1931; and the…