Bryner v. Whitney

*428The opinion of the court was delivered by

Burch, J.:

The action was one to recover on a promissory note and to foreclose a mortgage securing the note. A defense of partial payment of the note was sustained, and plaintiff appeals.

Reynolds executed and delivered the note and mortgage to Petty-john & Company. The note was for $2,000, was dated November 1, 1916, was payable five years after date, and bore interest payable semiannually, on the first day of May and November each year, according to interest coupons attached. Principal and interest were payable at the office of Pettyjohn & Company, in…