Merchants' Credit Bureau v. Akiyama

The plaintiff brought this action as the assignee of Masa Ando, who is the administratrix of the estate and the widow of J. K. Ando, deceased. The action was commenced in the district court of Weber county to recover upon a promissory note dated at Pocatello, Idaho, on January 1, 1921, and made payable “on or before the 1st day of October, 1923, ’ ’ to the order of said J. K. Ando. The note is what is termed a title-retaining note, and is somewhat contradictory in its terms in that the note was given for $2,722.25, payable “on or before October 1, 1923”; but in a subsequent clause in the note…