Kelley & Co. v. Farmers & Merchants Bank

The Farmers and Merchants Bank brought suit against Kelley & Co., a partnership, and the individual members of the partnership, on a promissory note for principal, interest, and attorney’s fees. The defendants, in answer to the suit, admitted the execution of the note sued on and the sendee of the notice to recover attornejr’s fees, but denied that the notice was in statutory form, and denied the plaintiff’s right to recover, because of the following reasons: At the time the note was given, Kelley & Co. pledged to the bank, as collateral security, notes of va*692rious parties, amounting in the…