Cummings v. Knight

Writ of entry, dated July 23, 1887, to foreclose a mortgage securing the defendant’s note to the plaintiff, dated March 26, 1868, and payable on demand, with interest annually. At the time the note was given money was worth in the market ten per cent., and the defendant verbally agreed with the plaintiff to pay him that rate if he would make the loan. This agreement as to the rate of interest was recognized by the parties and performed by the defendant until Nov. 19, 1875, when the agreement was cancelled. The payments up to that time were made, received, and indorsed on tlie note as payments…