Freiberg, Klein & Co. v. Brunswick-Balke-Collender Co.

Opinion by

Will-son, J:

§ 142. Judgment; cannot be rendered for principal of note, interest thereon and attorney's fees when the verdict is only for the principal. The Brunswick-Balke-Collender Company instituted this suit against T. J. Love-lady, Freiberg, Klein & Co., James Foster and Y. H. Merriwether. As alleged in the petition, the cause of action against the several defendants is, in substance, that on August 1, 1885, T. J. Lovelady, by his agent, J. P. Lovelady, executed and delivered to plaintiffs four promissory notes, each for the sum of $67.5,0, bearing ten per cent, interest per…