Shealy v. Toole

Bleckley, Judge.

This was complaint in the short statutory form, on two notes dated in December .1872, and due on February 1st, 1873. A copy of each note was annexed to the declaration, includingthe words “ due interest at two per cent, per month.” Upon each note was an undertaking signed by the maker, under date of Mai’ch 26th, 1873, substantially in the terms set out in the 6th head-note to this opinion. A copy of each of these undertakings was, with the copy notes, annexed to the declaration.

There was a plea of the general issue, and one of partial payment, but none of usury or of want of…