First National Bank v. Babcock

Belcher, C.

This is an action upon a promissory note made by one Story, payable to the order of plaintiff ninety days after date, and containing the following *101provision: “ Should suit be commenced, or an attorney employed to enforce the payment of this note, I agree to pay an additional sum of five per cent on principal and accrued interest as attorney’s fees in such suit.” The note was executed at the instance and request of the defendant to take up another note on which he was liable; and before its delivery he indorsed it by writing his name upon the back thereof, and then delivered it to…