Standard Sanitary Mfg. Co. v. Benson Hardware Co.

Action of assumpsit by the appellant against appellee on three promissory notes, two for $1,200 each and the other for $1,196.-66, the plaintiff in its complaint conceding that defendant had paid $905.74 on said indebtedness.

In addition to the sum claimed to be due on the notes — $2,690.92—the plaintiff claimed the sum of $450 as a reasonable attorney’s fee, stipulated to be paid in said notes, making the total sum claimed, exclusive of interest and cost, $3,140.92, and at the time the plaintiff filed its suit, because of the diversity of the citizenship of the parties, the suit could have…