Phoenix Air Conditioning Co. v. Pound

Whitman, Judge.

1. This case arises from an action by the payee of an unconditional promissory note against the two persons who signed the note. The printed-form note recites a promise to pay the plaintiff a certain sum in instalments at specified times. The note was past due. The three suits which "Phoenix” had instituted as instalments came due were consolidated for the purpose of trial.

Across the top of the note is the following conspicuous typewritten language: "This note constitutes payment in full of all sums due by Summit Productions, Inc. to Phoenix Air Conditioning Co., Inc.”

The note…