Etiwan Fertilizer Co. v. Johns

Mr. Associate Justice Taylor

delivered the Opinion of the Court.

This action, commenced by the service of a Summons and Complaint on June 10, 1938, was one upon a past-due note, given for the payment of fertilizer purchased by the payor from the payee, and was between the original payee and payor and the latter’s endorser.

The amount stated in the note was $10,899.20 with interest at 7% per annum from May 15, 1937, until paid together with 10% attorneys’ fees in case of suit or collection by attorney. The plaintiff alleged the aforementioned amount as being due, less a credit of $1,307.90 as of…