Eastman

The plaintiff being the owner of a promissory note made by the defendant Sunset Park Land Com-. pany in favor of defendant T. G. Rickman, brought this action and obtained judgment, from which the Sunset Park Land Company appeals. It is admitted that the judgment should be sustained if the note was a negotiable instrument. Appellant contends that the note was not a negotiable instrument because by its terms it was made payable “in U. S. gold coin,” and because it contains an agreement that “in case suit is instituted to collect this note or any portion thereof, we promise to pay such additional sum as the court may adjudge reasonable as attorney’s fees in said suit.”

Section 3088 of the Civil Code, as it was when said note was made, read as follows: “A negotiable instrument must be made payable in money only and without any condition not certain of fulfillment, except that it may provide for the payment of attorney’s fees and costs of suit, in case suit be brought thereon to compel the payment thereof.” According to section 3087 of the Civil Code; “A negotiable instrument is a written promise or request for the payment of a certain sum of money to order or bearer, in conformity to…