Pike v. Clark

MOFFAT, Justice.

Plaintiff and appellant seeks by this action to recover a judgment upon a promissory note in the principal sum of $3000.00, dated May 12, 1931, due on or before five years after date, with interest at the rate of 7 per cent per annum. The note contained an acceleration clause providing that the holder may declare the whole sum due for failure to pay interest as it accrued. The note was given for money loaned.

There are allegations seeking to have a mortgage reformed and then foreclosed. It is alleged that a mortgage was intended to be given to secure the payment of the note,…