Brahan v. First National Bank of Clarksville
Mississippi Supreme Court
FroM the circuit court of Lauderdale county. HoN. S. H. Terral, Judge. F. Y. Brahan executed eight notes, payable to the order of L. A. Ragsdale, and maturing regularly at intervals of six months. The first and second notes were paid at maturity. Several others, having matured, were not paid, and the First National Bank of Clarksville, Tenn., to which the notes had been transferred for value, placed them in the hands of attorneys for collection.
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FroM the circuit court of Lauderdale county. HoN. S. H. Terral, Judge. F. Y. Brahan executed eight notes, payable to the order of L. A. Ragsdale, and maturing regularly at intervals of six months. The first and second notes were paid at maturity. Several others, having matured, were not paid, and the First National Bank of Clarksville, Tenn., to which the notes had been transferred for value, placed them in the hands of attorneys for collection. Subsequently Brahan paid to said attorneys the principal and interest of all the notes, but declined to pay the commission provided for on the face…
1Opinion of the Court
Alexander, Special J.,
delivered the opinion of the court.
In each of the notes executed to Ragsdale, appellant agreed *268to pay ten per cent, commission on the face thereof, ' ‘ if not paid at maturity, and if collected by an attorney. ’ ’ The validity of such stipulations has been more than once affirmed by this court, and is ho longer an open question in this state. Meacham v. Pinson, 60 Miss., 217; Eyrich v. Bank, 67 Ib., 60.
It is not controverted that the judgment appealed from represents the commissions only on such of the notes as were past due when placed in the hands of appellee’s…
2Cases cited3 opinions
- Yazoo & Mississippi Valley Railroad v. FultonMississippi Supreme Court · 1893
- Meacham v. PinsonMississippi Supreme Court · 1882
- Smith v. German BankMississippi Supreme Court · 1882
3Cited by7 opinions
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- Travelers Indemnity Co. v. ClarkMississippi Supreme Court · 1971
- Burt v. BrashearsMississippi Supreme Court · 1918
- Duggan v. ChamplinMississippi Supreme Court · 1897
- Kaiser Investments, Inc. v. DavisMississippi Supreme Court · 1989
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