Smith v. Rothman

I hereby find and decide that the plaintiff brings action as payee on a valid promissory note in the face amount of $1,500 delivered to plaintiff on March 7,1949, providing for “15% attorney fees if the within is turned over for collection ”, and providing for 6% interest per year. The defendants are the maker of the note, Beatrice Bothman, and the indorsers, Morris Silver and Aaron Eichler, who guaranteed payment thereof, jointly and severally. Silver was not served and did not appear, and the complaint is hereby dismissed as against him, without prejudice. As to the defense of payment, I…