Hurner v. Mutual Bankers Corp.

Brown, J. —

The plaintiff corporation filed its declaration on a promissory note under seal, alleging the giving of the note, the failure to pay the note at maturity, the crediting of the defendant with the proceeds of the sale of certain collateral security deposited with the plaintiff and sold by them, the promise (incorporated in the face of the note) to pay 10 per cent of the principal of the note as an attorney’s fee should the note have to be placed in the hands of an attorney for collection.

To this declaration the defendant filed two pleas. .

The first plea set out the complete history…