Livick v. Piqua State Bank

The opinion of the court was delivered

Porter, J.:

Plaintiff sued and recovered judgment against the bank for $100 damages and $25 attorney’s fees under the provisions of section 5202 of the General Statutes of 1909, based upon the refusal of the bank to enter satisfaction of a mortgage upon real property.

The defendant’s appeal involves but a single question. The defendant claims that the provision of this section of the statute which authorizes the mortgagor to recover from the mortgagee $100 damages and a reasonable attorney’s fee is unconstitutional. It is insisted that the statute is in…