Page:Federal Reporter, 1st Series, Volume 6.djvu/30

 18 FEDERAL EMPORTER, �tional with the mortgagee to declare the whole sum due, of which provision they were ignorant when they signed the mortgage. Third, that the bond and mortgage were made, exeouted, and delivered ou Simday, the seventh day of July, 1878, instead of July 8, 1878, the day of their date, and are consequently void under the Sunday law. �There is no evidence whatever to support the first defence. There was a great deal of testimony taken in support of the the second, but it ail goes but a small way to defeat the mortgage. �The defendant Johann Winter testifies that he applied to E. D. Campbell, residing at Augusta, near where defendants reside, to obtain for him a loan of money, and offered to pay him $50 to get him a loan of $1,200 for five years, at 10 per cent., and that Campbell agreed to get it for him ; that after Camp- bell had arranged with J. F. EUis, an attorney at Eau Claire, to secure the loan, and after EUis had obtained a promise of it from the plaintifif, Campbell, who was himself an attor- ney, drew up the papers, and presented them to the defend- ants for their signatures, stating that they were ail right. Defendants thereupon executed the bond and mortgage with- out requiring them to be read or explained to them, and not being able to read them themselves; and on the next day went to Eau Claire and consummated the loan with Ellis by delivering the papers and getting the money, without reading the bond and mortgage, or requiring any further explanation of their contents. The mortgage contains a stipulation for the payment of seini-annual interest on the first day of De- cember and June in each year ; is drawn to become due on July 7, 1882, four years from date, and contains the option clause above referred to. The testimony to show these faots is quite voluminous, but it constitutes no defence to the action. There is no evidence of any fraud. Campbell, instead of being the agent of the plaintiff, was the agent of the defendants in procuring the loan and drawing the pa- pers; and if the" defendants did not understand the stipula- tion contained in the bond and mortgage it was their own fault. If they did not understand the English langnage, ��� �