Federal Rubber Co. v. M. M. Stewart Co.

In its original complaint filed in the. proper county, clerk’s office on May 27, 1931, in which summons and complaint had been previously served, appellant sued upon a promissory note for one thousand dollars, dated December 6, 1929, due April 1, 1930, with interest at six per cent, the note reciting that it was one of a series of three notes aggregating three thousand dollars, all bearing the same date. This was the last note. The note provided for reasonable attorney’s fee in case suit or action should be necessary, and appellant prayed for an attorney’s fee of one hundred dollars. It was…