Smiley v. Meir

Action by the appellee, the payee, against the appellants, the makers, of a promissory note, by which they promised to pay a certain sum of money, with interest, “ and ten per cent, attorney’s fees if suit be instituted on this note.” The complaint alleges, that, on, etc., the defendants by their promissory note, etc., promised to pay the said plaintiff etc., the sum of, etc., following the terms of the note; that, on, etc., the defendants paid on said note the sum of, etc.; “that the residue of the principal sum above mentioned, and the interest thereon accrued, is due and unpaid ;”…