Holman v. Durham Buggy Co.

The action is on two promissory notes,. given hy defendant to plaintiff in settlement of balances due on account for buggies sold by plaintiff, a North Carolina corporation, to defendant, a resident of Alabama. The sales were clearly acts of interstate commerce, which defendant concedes, but he denies liability on the notes on the theory that their subsequent execution and acceptance in settlement of balances was no part of the original transaction, and not interstate commerce, especially in view of the provision, for attorney’s fees incorporated in the notes, and securing an advantage to…