Commercial Investment Trust, Inc. v. Eskew

This action is brought to recover the unpaid balance of a promissory note, made by the defendant Eskew, and indorsed and guaranteed by the defendant Close, the payee therein, and also fifteen per cent of the principal and interest, as attorney’s fees for collection thereof, computed on the amount thereof unpaid, when the note was, after maturity, placed by plaintiff in an attorney’s hands for collection, as specifically stipulated and contracted for in such promissory note.

Defendants in their answer, after admitting all of the allegations of the complaint, as their sole defense allege “ that…