Myrick v. Garcia

This is an action to collect the balance alleged to be due on a promissory note.

The parties are here in the same order they appeared in the trial court and will be referred to as plaintiff and defendants.

Plaintiff’s complaint filed August 16, 1954, as pertinent to this decision, set forth the execution and delivery by defendants to one S. J. Lee of their secured installment promissory note dated November 1, 1950, and the assignment by S. J. Lee of the instruments to plaintiff. It also alleged a balance due on said note of “approximately $2,219.92 plus interest and attorneys’ fees.” The note…