Nevills v. Shortridge

COOPER, C.

Appeal by defendants from judgment on the judgment-roll without a bill of exceptions. The action was brought to recover a balance alleged to be due upon two promissory notes, one for twenty thousand dollars and one for forty thousand dollars, both dated November 30, 1896, and to foreclose a mortgage given to secure the said notes. The action was commenced November 30, 1898. The answers alleged, and the court found, that the action was prematurely commenced by reason of an agreement made by plaintiff on April 30, 1898, extending the time for the payment of said notes for one year…