Hawley v. Isaacson

The plaintiff brought suit against Gust F. Isaacson to obtain judgment upon several promissory notes. The notes were on a printed form and contained the following clause with reference to attorney’s fees: “and in case suit or action is instituted to collect this note, or any portion thereof, I promise and agree to pay, in addition to the costs and disbursements provided by statute................. Dollars in like gold coin for attorney’s fees in said suit or action.” After the commencement of the suit, the original defendant died, and the executrix of his estate was substituted. The case was…