American Machinery & Export Co. v. Druge Bros.
Supreme Court of Vermont
Assumpsit by an indorsee against the makers of a promissory note. Plea, the general issue with notice. Trial by jury at the December Term, 1908, Orange County, Miles, J., presiding. Verdict directed for the defendants, and judgment thereon. The plaintiff excepted. The opinion states the case. This is the first ease in this State to raise the question as-to the effect on negotiability of an agreement in a promissory note to pay counsel fees.
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Assumpsit by an indorsee against the makers of a promissory note. Plea, the general issue with notice. Trial by jury at the December Term, 1908, Orange County, Miles, J., presiding. Verdict directed for the defendants, and judgment thereon. The plaintiff excepted. The opinion states the case. This is the first ease in this State to raise the question as-to the effect on negotiability of an agreement in a promissory note to pay counsel fees. The conflict of authority on this-question is very marked. See note to Bowie v. Hall, 1 L. It. A. 547. The stipulation for “counsel fees if collected by…
1Opinion of the CourtHaselton, J.
The declaration is special assumpsit. The plaintiff is the alleged indorsee of what is claimed to be a promissory note executed by the defendants. At the close of the evidence in the case the defendants made a motion for a verdict in their favor, based on eight grounds. The motion was granted;. a verdict was directed for the defendants, and judgment thereon-was rendered. The plaintiff excepted.
In one clause of the writing in question there was a promise-to pay “counsel fees if collected by an attorney.” One ground of the motion for a verdict was that because of the clause referred to the…
2Cases cited7 opinions
- First National Bank v. GaySupreme Court of Missouri · 1876
- First National Bank of New Windsor v. BynumSupreme Court of North Carolina · 1881
- Maryland Fertilizing & Manufacturing Co. v. NewmanCourt of Appeals of Maryland · 1883
- Altman v. RittershoferMichigan Supreme Court · 1888
- First National Bank of Stillwater v. LarsenWisconsin Supreme Court · 1884
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