Charlton v. Tardy

— This action was brought to foreclose a mortgage given to secure certain notes.

The answer of the appellant Charlton admits the execution of the notes and mortgage, and that the first note described in the complaint had become due, but alleges that after the same was so due and payable, to-wit, on the 8d day of November, 1866, he paid the said plaintiff the sum of $30, in consideration of which the plaintiff undertook, promised and agreed with the defendant to extend the time of payment of said note until the 18th day of October, 1867, and thereupon executed and delivered to the defendant a…