ROCKLAND-ATLAS NATIONAL BANK v. Murphy

This is an action of contract against George E. Murphy and Elizabeth A. Donehue, 1 the makers of a promissory note for $300 dated December 22, 1950, payable in twelve equal monthly instalments of $25, the first of which was payable on February 5, 1951. The note also contained a provision that in case of default there should, be added to the unpaid balance due the costs and expenses of collection, including an attorney’s fee of 15% of the unpaid balance but in no event less than $5. The judge found for the plaintiff in an amount less than that contended by the plaintiff to be due. He made a…