Stapleton v. Louisville Banking Co.

Simmons, Chief Justice.

The controlling question in this case is, whether a promissory note is rendered non-negotiable by a stipulation to pay “all costs and ten per cent, on amount for counsel fees, if placed in the hands of an attorney for suit.” There is no prior decision of this court upon the *803question, and the decisions of other courts as to the effect of such stipulations are conflicting. We think the better view, and the one supported by the-weight of authoiv ity, is that such a stipulation does not impair the negotiable character of the paper. Our code defines a promissory note to…