Tinker National Bank v. Grassi

John P. Cohalan, Jr., J.

This action was tried before the court without a jury.

Plaintiff bank sued defendant, as maker, for defaulting on a 90-day promissory note for $3,000, dated March 13,1964. In his *887answer, defendant, by failing to deny, has admitted the debt. He does deny, however, that he owes the additional sum of $450, sued for, which represents an attorney’s fee of 15%; and claims that it is unconscionable and void as against public policy.

The note, as signed by defendant, reads in pertinent part that ‘ ‘ Each maker * * * agrees that if any attorney is used to enforce or collect this…