Pannell v. Stark

1. Where the payee of a promissory note, which contains a stipulation to pay attorney’s fees, engages a third person to serve upon the maker the statutory notice of the payee’s intention to institute suit on the note and to ask for the stipulated attorney’s fees, as provided in the Civil Code (1910), § 4252, as a condition precedent to the payee’s right in a suit on the note to recover attorney’s fees, and such third person fails to perfect service of the notice on the maker of the note, and where the payee proceeds with a suit on the note, but is deprived of any right to collect attorney’s…