Warner v. United States Land & Investment Co.

This action was brought to recover the face value of 20 mortgage bonds of $1,000 each, issued by the defendant; the plaintiff claiming that the defendant had defaulted in the payment of the interest thereon, and that under the option contained in the defaulting clause of the bonds he had a right to claim that the principal thereof was due and payable. It was held upon the trial, not only that the answer did not set up any defense, but that it did not controvert any allegation upon the part of the plaintiff necessary to a recovery, and accordingly a verdict was directed for the plaintiff, and…