Deming Investment Co. v. Wallace

The opinion of the court was delivered by

Porter, J.:

Plaintiff in error brought this suit to foreclose a mortgage securing two notes, each for $500. Defendants claimed that the indebtedness amounted to only $500, and that the second note was without consideration. The case was tried by the court without a jury, and, from a judgment in favor of defendants as to the second note, plaintiff brings this proceeding in error.

Plaintiff negotiated a loan of $10,000 for ten years on defendants’ farm, and claimed that these notes were given as a commission of one per cent, that had been agreed upon.…