Bank of Holly Grove v. Sudbury
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Chickasawba District; J. F. Gautney, Judge; 1. Before the passage of the act of 1913, this court has held that a stipulation to pay an attorney’s fee was invalid. 96 Ark. 105; 63 Id. 225. But since the passage of that act the stipulation is valid and should be enforced.
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Appeal from Mississippi Circuit Court, Chickasawba District; J. F. Gautney, Judge; 1. Before the passage of the act of 1913, this court has held that a stipulation to pay an attorney’s fee was invalid. 96 Ark. 105; 63 Id. 225. But since the passage of that act the stipulation is valid and should be enforced. Acts 1913, p. 270; 77 -S. E. 468; 6 Leigh (33 Ya.) 517; 85 Ya. 621; 8 >S. E. 483; 168 & W. 796; 82 S. E. 332; 97 N. E. 372; 135 Pac. 454; 104 Ark. 500; 111 Id. 123; 53 Id. 545; 113 Ark. 555. 1. Before the passage of the act the stipulation was held invalid. 42 Ark. 167; 63 Id. 225; 96 Id.…
1Opinion of the CourtSmith, J.
This was a suit on a note which contained a provision for the collection of an attorney’s fee if the note was not paid without suit, and the validity of this provision is the only question involved in this litigation.
It is conceded, of course, that this provision was invalid prior to the enactment of the negotiable instruments law in this State. Act No. 81, Acts 1913, p. 260. The note sued on was executed after the above named act became effective.
It is urged that the effect of the passage of this act is to change the declared policy of this State on this question.
Section 1 of this act…
2Cases cited4 opinions
- White-Wilson-Drew Co. v. EgelhoffSupreme Court of Arkansas · 1910
- Boozer v. AndersonSupreme Court of Arkansas · 1883
- Jarvis v. Southern Grocery Co.Supreme Court of Arkansas · 1896
- Rowe v. StateSupreme Court of Arkansas · 1907
3Cited by7 opinions
- National Bank of Eastern Arkansas v. BlankenshipDistrict Court, E.D. Arkansas · 1959
- Missouri Pacific Railroad Company v. Winburn Tile Manufacturing CompanyCourt of Appeals for the Eighth Circuit · 1972
- Allen v. CoolingSupreme Court of Minnesota · 1924
- Federal Land Bank of St. Louis v. CraigSupreme Court of Arkansas · 1928
- White v. Associates Commercial Corp.Court of Appeals of Arkansas · 1987
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