[Editorial note: A promissory note is a
specialized type of contractual obligation, governed in part by some special
rules in Article 3 of the Uniform Commercial Code but otherwise subject to the law of
contract. These special rules are generally considered in an upper division course
entitled "Payment Systems" or "Commercial Transactions" in which you
also study about checks, electronic payment systems, and letters of credit. You
needn't worry now about these special rules, none of which are pertinent to this case, nor
need you remember the terms of the promissory note that Mrs. Phillips signed.
However, it will be useful for you to read this promissory note simply to see what
one looks like.]
n1 The promissory note reads as follows: "$34,000.00
Stateline California, April 20, 1965. No. OT-516
"On Demand or if no demand then on May 20, 1965, for value received, the undersigned
promise(s) to pay to the order of the Tahoe National Bank, Stateline Office, the sum of
Thirty Four Thousand and 00/100 Dollars with interest at the rate of 7% percent per annum
from date until paid, interest payable at maturity and if not punctually paid, it shall
become a part of the principal, and thereafter bear the same rate of interest as the
principal debt; and should the interest not be paid when due, then the whole sum of
principal and interest shall become immediately due and payable and may be charged to the
account in said Bank of either the principal maker, or sureties on said note, at the
option of the holder thereof. Should an attorney be employed to collect, or should suit be
commenced to enforce the payment of this Note the undersigned agree(s) to pay a reasonable
sum additional as attorney's fees; also costs of such suit. Principal and interest payable
in lawful money of the United States. Should this note be signed by more than one person,
and/or firm, and/or corporation, all covenants and obligations herein contained shall be
considered for all purposes as joint and several covenants and obligations of each signer
hereof. Renewed Nov 18 1965 Address P.O. Box 2612, Tahoe Valley, Calif. Beulah F. Phillips
Address Tahoe National Bank, Stateline, Calif. . . . Unsecured Single Payment Note
Assignment on Record."