Lindley v. Ross
Supreme Court of Pennsylvania
APPEAL BY PLAINTIEE EROM THE COURT OE COMMON PLEAS OE GREENE COUNTY. No. 195 October Term 1890, Sup. Ct.; court below, No. 55 June Term 1890, C. P. On April 21, 1890, upon a note dated August 23, 1887, with warrant of attorney to enter judgment and providing for five per cent attorneys’ commissions, if collected by process, judgment was entered in favor of J. D. Lindley against J. B. Ross, H. R. McGlumphy and Samuel Luse, “ for the sum of $1,500, payable one year after date,…
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APPEAL BY PLAINTIEE EROM THE COURT OE COMMON PLEAS OE GREENE COUNTY. No. 195 October Term 1890, Sup. Ct.; court below, No. 55 June Term 1890, C. P. On April 21, 1890, upon a note dated August 23, 1887, with warrant of attorney to enter judgment and providing for five per cent attorneys’ commissions, if collected by process, judgment was entered in favor of J. D. Lindley against J. B. Ross, H. R. McGlumphy and Samuel Luse, “ for the sum of $1,500, payable one year after date, with costs of suit and five per cent attorneys’ commission.” On May 12, 1890, a writ of fieri facias having issued, two…
1Per curiam
We think the learned judge below was right in holding, under the facts of this case, that there must be a demand and refusal to pay, before the defendants in the judgment can be subjected to the payment of attorney’s commissions. This was the rule laid down in Johnson v. Marsh, 21 W. N. 570, where it was said: “ In the absence of satisfactory evidence of a demand for payment before entering the judgment and issuing the execution, we think the necessity of resorting to the services of an attorney for collecting the money does not appear, and, without proof of such necessity, the defendants…
2Cases cited4 opinions
- Daly v. MaitlandSupreme Court of Pennsylvania · 1879
- Imler v. ImlerSupreme Court of Pennsylvania · 1880
- Moore's AppealSupreme Court of Pennsylvania · 1885
- Robinson v. LoomisSupreme Court of Pennsylvania · 1865
3Cited by12 opinions
- Graves v. BurchWyoming Supreme Court · 1919
- In Re Gordon-BrownUnited States Bankruptcy Court, E.D. Pennsylvania · 2006
- Wilson v. OttSupreme Court of Pennsylvania · 1896
- Commonwealth v. Pennsylvania Loan Corp.Superior Court of Pennsylvania · 1937
- Faulkner v. M & T Bank (In re Faulkner)United States Bankruptcy Court, E.D. Pennsylvania · 2018
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