Adams v. Farmers & Merchants Bank

The sole question raised in tbe bill of exceptions from a judgment in favor of the plaintiff bank on a promissory note, containing a usual 10 per cent, attorney’s fee provision, is whether, as a matter of law, under the record and stipulated facts, the plaintiff was entitled to recover such fees. On February 12, 1931, more than 10 days before filing suit, the plaintiff duly served the defendant with notice in proper form of its intention to bring suit on the note to the March term, 1931, of Putnam superior court (this being, more than 10 days before the return day of that term of court). On…