Brattleboro Savings Bank v. Arbegast

The opinion of the court was delivered by

Harvey, J.:

This was an action on a promissory note and to foreclose a mortgage given to secure its payment. The trial court sustained plaintiff’s motion for judgment on the pleadings. The real property was sold under the court’s decree and the sale was confirmed. The principal defendants have appealed.

The answer filed by the principal defendants contained a general denial, admitted the execution of the note and mortgage sued upon, and as specific defenses alleged:(1) That the note was payable in gold coin; that such payment is now against the public…