Monroe v. Citizens Bank
Court of Appeals of Georgia
Complaint, from city court of Abbeville — Judge Nicholson. August 23, 1907. The suit was for principal, interest, and attorney’s fees, on notes containing a promise to pay “all costs of collection, including ten per cent, as attorney’s fees, if collected by law or through an attorney at law.” The suit was filed July 17, 1907, and was returnable to the August quarterly term of the court.
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Complaint, from city court of Abbeville — Judge Nicholson. August 23, 1907. The suit was for principal, interest, and attorney’s fees, on notes containing a promise to pay “all costs of collection, including ten per cent, as attorney’s fees, if collected by law or through an attorney at law.” The suit was filed July 17, 1907, and was returnable to the August quarterly term of the court. The petition alleged, that “ten days before the filing of this suit, plaintiff served [the defendant] with a written notice that this suit would be filed upon said evidences of indebtedness, returnable to the…
1Opinion of the CourtPowell, J.
The petition showing that the notice given the defendant to hold him liable for attorney’s fees was not in compliance with the statute, the court erred in including in the judgment by default, which was otherwise properly rendered, the amount of attorney’s fees claimed. The judgment is therefore affirmed, with direction that the sum adjudged against the defendant on account of attorney’s fees be written off.
Judgment affirmed, with direction.
2Cited by4 opinions
- Shahan v. MyersSupreme Court of Georgia · 1908
- Toole v. CookCourt of Appeals of Georgia · 1914
- Miller v. JacksonCourt of Appeals of Georgia · 1934
- Adams v. Farmers & Merchants BankCourt of Appeals of Georgia · 1933