North Confidence Mining & Development Co. v. Fitch

This action was instituted to cancel a promissory note and mortgage for the sum of $9,439.04 purporting to have been given by the plaintiff to defendant Fitch. The court found the note to be valid to the extent of $1,787.89 and enjoined the defendants “from collecting any greater amount thereon,” and adjudged the mortgage to be a lien on the lands described therein “to the extent of said sum of $1,787.89 with interest.” From this judgment both the plaintiff and the defendants prosecute separate appeals.

Plaintiff corporation was organized with a capital stock of $75,000 divided into 75,000…