15 Utah 308 | Utah | 1897
This is an action upon a promissory note for $3,500,
In 1 Daniel, Neg. Inst., supra, it is said: “ Such instruments should, we think, be upheld as negotiable. They are not like contracts to pay money and do some other thing. They are simply for the payment of a certain sum of money at a certain time, and the additional stipulations as to attorney’s fees can never go into effect if the terms of the bill or note are complied with. They are therefore incidental and ancillary to the main engagement— intended to insure its performance, or to compensate for trouble and expense entailed by its breach. At maturity negotiable paper ceases to be negotiable, in the full commercial sense of the term, as heretofore explained, though it still passes from hand to hand by the negotiable forms of transfer; and it seems paradoxical to hold that instruments evidently framed as bills and notes are not negotiable during their currency because when they cease to be current they contain a stipulation to defray the expenses of collection.” In Oppenheimer v. Bank, supra, the following language is used: “Upon a careful review