Lupo v. Reisner

FULL TEXT

VICKERY, J.

This cause comes into this court on a petition in error to the Court of Common Pleas of Cuyahoga County.

In the court below the defendant in error brought this action to recover upon a promissory note which was described and set up in the petition, and to foreclose a mortgage se*651curing said note. The nóte contained a provision that if payments were not made, then the whole note should become due and payable.

Allegations were made which claimed that the payments had not been made and that the full amount of said note was due and payable, and they asked for a judgment and a…