Turner v. Bank of Maysville

The Bank of Maysville brought suit upon a; note, against Turner as principal and Holder as indorser or guarantor. In the note the maker promised to pay all costs of collection, including ten per cent, attorney’s fees. The defendants filed no answer, and the judge entered judgment by default, as upon an unconditional contract in writing, for the amount of the note and for attorney’s fees of ten per cent, of the amount of the principal and interest. It appears from the record that there was no evidence that the notice required in section 4252 of the Civil Code had been given.

This judgment. was…