Fitch v. Citizens National Bank

A note was declared upon by appellee, as having been executed by one and endorsed by the other of appellants. At the trial the only evidence was the note and the endorsement thereon, and the agreement that the apparent *212endorser was, in fact, a surety. Judgment was rendered in favor of appellee, against appellants, the one as principal and the other as surety, for the amount due upon the note, including |100 as attorney fees.

The contention of appellants is, that the attorney fees should not have been allowed, because the stipulation in the note was ■conditional; and that the finding and…