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

Summary

The Texas Supreme Court affirmed the trial court's judgment, holding that a joint owner who sues on a negotiable instrument and makes the other owner an involuntary plaintiff may recover the full attorney's fees stipulated in the note when the fee's reasonableness is not contested and the involuntary plaintiff incurred no expense. The Court also affirmed the summary judgment, rejecting the defendants' claim of conditional delivery because they offered no evidence to raise a factual issue. The appellate court reversed the lower appellate court's reduction of the fee award, restoring the plaintiff's entitlement to the full fee.