Copp

Copp v. Mulcahy

Good Law
1927 Cal. App. LEXIS 431·84 Cal. App. 387·258 P. 141
Court of Appeal of CaliforniaJuly 9, 1927Docket No. 3244.California4,999 words

Opinion

Lead Opinion

Hart, J.

This action is by plaintiff to recover on two several promissory notes. The complaint is in two counts, in the first of which it is alleged that defendant, on the eleventh day of July, 1924, made, executed, and delivered to plaintiff his promissory note for the sum of $297, payable three months after date, together with interest thereon at the rate of seven per cent per annum. Said note is set out in haec verba in said count. The second count or cause of action is founded on a note for the sum of $58, dated July 19, 1924, and payable, with interest at the rate of seven per cent per annum, on or before three months after date. Said note is also set out in full in the complaint. Each of said notes provided for the payment by the maker (defendant herein) of reasonable attorney’s fees, in case action was instituted to enforce the payment thereof. The complaint alleges that no part of the principal sums, nor any interest accruing thereon, has been paid, and that the said notes “are now due, owing and unpaid,” and that, as to the first cause of action, the sum of $75 is a reasonable amount to be awarded as attorney’s fees, and that, as to the second cause of action, the sum of $25 is a…

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