Kizer v. Garnier

McCALEB, Justice.

This is an action to recover the balance due of $10,000, plus interest and attorney’s fee's, on a promissory note for the principal amount of $25,000, executed by defendants on April 20, 1950, payable on or before one year after date, bearing 4% per annum interest from maturity and providing for 10% additional on both principal and interest as attorney’s fees.

In their answer, defendants admitted the execution of the note but denied generally any liability thereon, averring that plaintiffs were not the holders thereof for value received. In addition, defendants reconvened for…