Hamilton v. Burgess

BOULDIN, Justice.

Stipulations in notes and mortgages by which the debtor contracts to pay the attorney’s fee of the creditor means the attorney’s fee actually and reasonably incurred by reason of the default of the debt- or.

If the creditor and attorney agree in advance upon the fee to be paid to the attorney, this, if not excessive, is the measure of the fee which is chargeable against the debtor. It matters not that the contract stipulate a specific amount, 10 per cent, for example, as a reasonable attorney’s fee. Such contract is one of indemnity merely, to protect the creditor against…