Commercial Bank v. Hart

The opinion of the court was delivered by

Dunbar, C. J.

On August 7, 1893, the defendants executed to plaintiff their promissory note for $5,000, due in three months from date, providing for ten per cent, attorney’s fee. It is alleged that plaintiff was the owner of the note, and that it was a corporation. Defendant denied any knowledge or information sufficient to form a belief as to the allegation concerning the plaintiff being a corporation ; admitted that the plaintiff is the owner and holder of the note sued upon, but denied that the whole amount thereof, or any part thereof, either…