Rappmund v. Zaiontz

LESLIE, Chief Justice.

Rose Rappmund filed her original petition herein against Frank Zaiontz September 26, 1938. She alleged that on November 1, 1926 Zaiontz executed and delivered unto Fritz Rappmund a promissory ■ note in the sum of $2,000 bearing 5 per cent interest and 10 per cent attorney’s fees in the event of suit and that the note was payable November 1, 1928. That the note was not paid at maturity but was “orally”' extended from time to time. That the payee in said note transferred same to plaintiff prior to February 1, 1937 as a part of her separate estate.

That at the time of suit…