First National Bank v. Gay
Supreme Court of Missouri
appeal from Daviess County CourL I. The instrument sued on is not a promissory note, and was inadmissible under the pleadings. The stipulation for the payment of an attorney’s fee reduced it to an ordinary contract. (Ancil vs. Brooks, 51 Mo., 178; Comstock vs. Davis, 51 Mo., 569; Lowe vs. Bliss, 24 Ill. 168; Read vs. McNulty, 12 Rich. [Law] 445; Philadelplia Bank vs. Newkirk, 2 Miles, 442 ; Ayrey vs. Fearnsides, 4 M. & W., 168 ; Palmer vs. Fahnestock, 9 Upper Can.
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appeal from Daviess County CourL I. The instrument sued on is not a promissory note, and was inadmissible under the pleadings. The stipulation for the payment of an attorney’s fee reduced it to an ordinary contract. (Ancil vs. Brooks, 51 Mo., 178; Comstock vs. Davis, 51 Mo., 569; Lowe vs. Bliss, 24 Ill. 168; Read vs. McNulty, 12 Rich. [Law] 445; Philadelplia Bank vs. Newkirk, 2 Miles, 442 ; Ayrey vs. Fearnsides, 4 M. & W., 168 ; Palmer vs. Fahnestock, 9 Upper Can. C. P., 172; Austin vs. Barnes, 16 Barb., 648; 1 Pars. N. & B., 37-8; Sto. Prom. Notes, § 20 ; Edwds. Bills and Notes, §§ 138,…
1Opinion of the CourtSherwood, Judge
Action on instrument in this form :
“$650.00 Trenton, Mo., May 13, 1874.
Ninety days after date we promise to pay to the order of Robert L. Gillilan, six hundred and fifty dollars, for value received, with-interest after maturity, at the rate of ten per cent, per annum, at the First National. Bank'of Trenton, Mo.; and if not paid at maturity, and the same is placed in the hands of an attorney for collection, we agree and promise to pay an additional sum of ten per cent, as attorney’s fee.
Nathan Gillilan.
Samuel Gay.”
*36On the above instrument there was this indorsement: “For value received, I…
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