Ralston Purina Co. v. Clem E. Clarke & Son, Inc.

KREISHER, P. J.,

On April 3, 1968, defendants executed a note payable to plaintiffs in the amount of $34,548.79 payable at the rate of $1,000 per week. The note on its face provides for no interest, the blank for the rate of interest having been filled in by a simple “X”, but does provide for a collection fee of 20 percent, the blank therefor having been filled in by the figure 20.

Judgment was entered on the note to the above term and number on July 8, 1969. On November 17, 1970, a praecipe for writ of execution was filed by plaintiffs’ counsel indicating the amount due to be $27,218.16 with…