Gautier v. English

By the Court, Sawyer, J.

This is an action upon a promissory note to recover the sum of ten thousand dollars and interest at one per cent p.er month, and to foreclose a mortgage given to secure it.

The prayer of the complaint is for judgment for “ten thousand dollars and the interest thereon at the rate of one per cent per month since the first day of December, 1864, until rendition of judgment in this case,” and for foreclosure and sale. Judgment by default was rendered March 9th, 1865, for ten thousand three hundred and twenty-six dollars and sixty-six cents, and it was provided in the…