Roe v. Smyth

The plaintiff is the last of several indorsers of a note indebtedness. After maturity he paid the full amount of the indebtedness to the bank, the holder of the instrument, and took delivery of the note. He then brought suit for the amount he had paid, and succeeded in obtaining reimbursement therefor. He brings the instant action against five prior indorsers to recover the expenses he incurred and actually paid in Collecting the note indebtedness, including a reasonable attorney’s fee. The action is predicated on the following clause, which appears in the note in addition to the usual…