Jarvis v. Cunliffe

The complaint in this action alleged that on June 7,1950, the defendant made his note for $2000 payable to the plaintiff in thirty-six monthly instalments of $59.95 each, the first payment falling dne on July 15, 1950, with the provision that, upon default of payment of any instalment, the unpaid balance would become due. It further alleged that the defendant defaulted the payment which became due on December 15, 1950. The answer admitted the execution of the note but denied that the balance claimed by the plaintiff was due. It also alleged by way of affirmative defense that the note was…