55 Mass. 16 | Mass. | 1848
It was objected, on behalf of the defendant, that no part of the principal of this note would become due until the expiration of ten years from its date. This objection is answered by the terms of the contract, which leave nothing open to construction; the promise is express that fifty dollars of the principal shall be paid annually. It was then contended that, if the note is payable b) instalments of fifty dollars a year, the whole amount of sevv hundred and fifty dollars would not become due until the expiration of fifteen year’s from the date. By suppressing a part of the agreement, this consequence might follow. The language of the contract may not be critically exact, but the meaning of the parties is plain enough. They agreed that the interest should be paid semiannually, that fifty dollars of the principal should be paid annually, and that the whole amount of the note, principal and interest, should be paid in ten years after date. All this appears upon the face of the note, and however inartificial its language may be, we are to look to the meaning of the parties only, which in the present case is free from doubt.
The real defence is to be found in the bond or sealed agreement, and the memorandum appended to it. This evi