Berdan v. Allan

This action was brought by the appellant tc recover upon a note made payable to his testator. The note is as follows:

“ Geneseo, June 9, 1863.

“ Borrowed of David A. Smith, eight thousand dollars, which I promise to pay to him or order five years after date, with interest from date at the rate of ten per cent, per annum, payable annually at the banking house of M. P. Ayres & Co., in Jacksonville, Illinois. And if interest be not punctually and annually paid, as aforesaid, at the option of the holder of this, it shall mature for principal and interest, and a deed of trust, executed to Ira O.…