Stevens v. Jas. A. Smith Lumber Co.

Plaintiff owed defendant on two notes aggregating $4,500, secured by real .estate ¡mortgage, and defendant claimed that plaintiff also- owed him an additional sum on open account. Defendant collected $1,500 due plaintiff, and claims to *172have credited it upon the open account, while plaintiff claims there was an agreement 'between them that it should be credited on the mortgage debt. Defendant commenced an action to foreclose the mortgage, and summons and complaint were served upon plaintiff in Omaha, Neb., where he was then residing. The complaint alleged the execution of the notes and…