66 P. 295 | Or. | 1901
delivered the opinion.
This is an action on a promissory note. The complaint, omitting the formal parts, is as follows: ‘ ‘ That on or about the sixteenth day of June, 1893, the above named defendant and one J. M. Joy, for value’ received, made, executed, and delivered to this plaintiff their certain joint and several promissory note in writing, bearing date June 16, 1893, whereby and wherein the said R. Z. Joy and J. M. Joy jointly and severally promised and agreed to pay to the order of this plaintiff the sum of $165.50 in United States gold coin, with interest thereon in like gold coin at the rate of eight per cent per annum from date until paid; that it was provided in said note, and made a part thereof, that, in case of suit or action being instituted to collect the said note or any portion thereof, the said R. Z. Joy and J. M. Joy jointly and severally promised and agreed to pay such additional sum as the court might adjudge reasonable as attorney’s fees in said suit or action; that some time after the execution and delivery of said note the said J. M. Joy died; that there is now due and owing on the said promissory note from the said defendant, R. Z. Joy, to this plaintiff, the sum of $165.50 in United States gold coin, with interest thereon in like gold coin at the rate of eight per cent per annum from the sixteenth day of June, 1893, and the same nor no part thereof has been paid; that the sum of $25 is a reasonable sum to be allowed plaintiff as attorney’s fees in this action for the collection of the said note; that the plaintiff
The judgment will be reversed, and a new trial ordered.
Beversed.