Easter v. Boyd

Citations

• 79 Ill. 325

Syllabus

<p>Promissory note—effect of clause in providing for costs of collecting in case of a suit. In a suit upon a promissory note containing a provision that, “ if not paid when due, and the same is sued, ten dollars if sued in justice’s court, and twenty-five dollars if sued in district or circuit court, additional, to defray the expenses of plaintiff for his suing the same, to be entered up as a part of the judgment,” it was held,, that the additional sum thus provided to be paid did not become due upon a failure to pay the note at maturity, but only after suit brought, and hence could not be recovered in that suit.</p>