Schmidt v. Wither

The action is by the payees of promissory notes against the makers. The complaint has two causes of action: The first on a promissory note executed by the defendants and purporting to be then due, a copy of which is set forth; the second is to recover the interest due on certain other promissory notes of the defendants given to the plaintiffs, which notes were delivered in escrow, the escrow agreement pro*329viding that interest thereon, which is here sued for, should be paid during the escrow holding, although the principal was not at the time due, and the notes themselves had not been delivered…