
    James Daggett, Plaintiff in Error, versus Oliver Pratt.
    Where a note is made payable at a day certain, with less interest than the lawful rate, or without interest, and if not then paid, with lawful interest until paid, — not being paid at maturity, lawful interest from the date is recoverable.
    This was a writ of error coram vohis. The original action was Drought by Pratt against Daggett, upon four several promissory notes, payable at distant days. Three of them were made payable, with interest, at three per cent, per annum, if paid at their maturity; “ if not, six per cent, interest to be paid; ” and the fourth was payable without interest “ until the note is out; if not paid then, lawful interest until paid.” The notes not having been paid when they became due, judgment was rendered upon them all, with lawful interest, at six per cent., from the date of the notes to the rendition of the judgment.
    The error assigned was the amount of the damages — it being contended by Reed, for the plaintiff in error, that the true construction of the promise was, that interest was to be allowed at six per cent, from the time fixed in the notes for payment of the principal.
   But the Court were of a different opinion, and affirmed the formel ludgment.  