Cloud v. Rivord

• Decision Date: 27 June 1893
• Citation: 6 Wash. 555,34 P. 136
• Parties: CLOUD v. RIVORD ET AL.
• Court: Washington Supreme Court

34 P. 136

6 Wash. 555

CLOUD v. RIVORD ET AL.

Supreme Court of Washington

June 27, 1893

Appeal from superior court, Skagit county; Henry McBride, Judge.

Action by J. A. Cloud against Jacob Rivord and Clestine Arquet Rivord to recover on a note and certain interest coupons, and to foreclose a mortgage on real estate given to secure the note. Plaintiff claimed that he was entitled to interest on the $400, at 4 per cent. per month from time of bringing suit; also for the balance of the eight unpaid coupons of $20 each, amounting to $160, with interest thereon at the rate of 4 per cent. per month from date of bringing suit, April 6 1892; also $17.07, with interest on same from February 29 1892; also $50 attorneys' fees,-as alleged in the complaint proven on the hearing, and provided in note and mortgage. The court refused his demand for judgment, and allowed him $400, with interest thereon from date of commencement of suit, April 6, 1892, at 10 per cent.; also the $17.07 paid as taxes, with interest from date of payment February 29, 1892, at 10 per cent; and $20, amount of coupon due January 1, 1892, before bringing suit, with interest on same at 4 per cent. per month. Plaintiff appeals. Reversed.

Million & Houser, for appellant.

DUNBAR C.J.

This is an action to foreclose a mortgage on real estate, which was given to secure a note for $400 given August 7, 1890. The note was made payable on the 1st day of July, A. D. 1895, and bears interest at the rate of 10 per cent. per annum, with a provision that it shall bear interest at the rate of 4 per cent. per month after maturity. The interest is provided for in the shape of coupon notes of $20 each, attached to the principal note. Each coupon or interest note provides that it shall bear interest at the rate of 4 per cent. per month after maturity. The note also provides that, if any interest shall remain unpaid after due, the principal note and interest coupons shall become mature, due, and payable at once, without further notice, at the option of the holder. There is also a promise to pay an attorney's fee in case of suit or action to collect the principal or interest. The third coupon note was not paid at maturity, and plaintiff brought his action to foreclose, asking judgment for $579.20 which, if we understand the complaint, represents the face of the note and all the coupon notes not paid, together with interest on the same at the rate of 4 per cent. per month from date of filing the complaint, together with an attorney's fee of $50, and $17.07 taxes paid, (concerning...