Daniel H. Meyer v. Louis C. Deluke and

CALLISTER, Justice. Plaintiff initiated, through a complaint and amended complaint, this action to recover judgment on three promissory notes executed by defendants. Two of the notes were usurious, and plaintiff sought judgment solely for the sum actually loaned and attorney's fees. Plaintiff pleaded for judgment according to the tenor of the third note, which was for the principal sum of $14,000 and interest at the rate of ten per cent per annum and for attorney's fees. This note was secured by both real and chattel mortgages which plaintiff sought to foreclose. The trial court granted judgment for the plaintiff in accordance with his pleadings. Defendants appeal solely in regard to issues concerning the $14,000 note.