Bacon v. Rudd

Opinion by

Judge Pryor:

The execution of the memorandum dated in October, 1871, by which the obligor in the note agreed to pay 10 per cent, in consideration of forbearance, etc., created no such obligation on the part of the appellant as precluded her from instituting an action at any time upon the note and prosecuting it to judgment. She had agreed not to enforce the lien created by the mortgage upon certain property for a specified time, in order that the debtor, Dr. Rudd, might lease it, but the note was then due, and no demand or refusal was necessary to enable the appellant to coerce…