Frye v. Sims

ai’kinsoit, J.

A and B signed a negotiable promissory note payable to the bank of II. The paper contained the expressions: “I promise to pay,” etc.; “if we fail,” etc.; “each of us, whether principal, security, guarantor, indorser, or other party hereto, hereby severally waives and renounces . . all right to homestead . . protest, notice, and rights and benefits we may have under or by virtue of section 3667 of the Code of 1895; and we hereby agree to pay 10 per cent, attorney’s fees if this note is given out for collection.” The note was signed by A and B in the usual way, as makers, under…