Thomas & Howard Co. v. Fowler

Legge, Justice.

This case, which has been here twice on questions of pleading, comes now on the defendants’ appeal from a circuit court order ending it. Brief review of its history seems appropriate.

In May, 1951, the defendants, operators of a retail grocery, being indebted to the plaintiff in the sum of $3,547.00 for goods purchased, gave to the plaintiff their note in that amount payable in seventy-one successive weekly installments beginning June 6, 1951, and, as security for its payment, a mortgage covering the fixtures and merchandise in their place of business, and any additions thereto…