C. H. Kuper v. L. J. Schmidt

On the first question presented by this appeal, we hold that where one of two joint owners of a negotiable instrument brings suit thereon after placing the same in the hands of attorneys for collection and is required to and does join the other owner as an involuntary plaintiff, the former is entitled to recover the full attorneys fees stipulated in the note if their reasonableness is not questioned by the defendants and it appears that the involuntary plaintiff has incurred no legal expense in the prosecution of the action. The present suit was brought by C. H. Kuper, plaintiff, on two promissory notes one for $7,148.00 payable to the plaintiffs order and the other for $62,709.28 payable to the order of C. H. Kuper or Earline Kuper. Both notes were executed by L. J. Schmidt and L. W. Schmidt, defendants, in 1953 and matured twelve months after date. Each bears interest