Harvey v. Thomas

Plaintiff in error, defendant below, appeals from a judgment obtained by defendant in error, plaintiff below, upon a promissory note. The parties will be referred to as plaintiff and defendant, as in the trial court.

The note sued upon, dated May 27, 1924, was for $356.10, with interest at 8 per cent., together with attorney’s fees if placed in the hands of an attorney for collection. The latter action was not to be taken under three years from the date of the note. The petition is in the usual form and a copy of the note set out in full.

The defendant answered by general denial and pleaded…