Schrieber v. Sawyer

This is a foreclosure action. The complaint alleges non-payment of an installment of principal due July 1, 1929, and that the plaintiff has elected, and does elect, that the whole principal become due and payable. It also alleges that the entire principal, together with interest from December 31, 1927 (the date of the mortgage), is due and unpaid, except as to sixty dollars paid to apply on interest. Thus the complaint indirectly alleges default in the payment of an installment on the principal January 1, 1930, and default in paying interest each six months, although the failure to pay the…