First National Bank v. Board of Public Instruction

— Plaintiff in error sued defendant in error declaring on a note executed by defendant in error as evidence of indebtedness for money borrowed from the plaintiff in error. The note stipulated for attorney’s fees in case of the necessity of collection by suit.

The declaration contained the usual allegations where recovery of attorney’s fees is sought to indemnify the plaintiff in that regard. On motion, this allegation of the declaration was stricken. The theory advanced was that the board of public instruction is not authorized by statute to enter into such a contract of indemnity and that,…