Hutchinson Machinery Co. v. Kazimer

Jones, J.,

Defendant, on April 16, 1926, executed and delivered to plaintiff a judgment note for $600, with confession of judgment, payable three months after date, and the amount to be paid for attorney’s commission left blank.

On July 16th, the due date, defendant executed a new note for $400, which was delivered to plaintiff with a check for $106 on account of principal and interest; plaintiff returned the note, but held the check, stating that it would be willing to accept an additional check for $163.92 and a renewal note for $250.

On July 31st plaintiff caused judgment to be entered on the…