Young v. Nave

The opinion of the court was delivered by

Burch, J.:

The action was one to recover on a number of promissory notes and to foreclose a mortgage securing them. The notes were executed in the state of Indiana, and were payable there. Each note provided for payment of a principal sum, with interest, “and attorney’s fees.” The judgment which was rendered included an attorney fee of five per cent of the principal sum of each note, and' the appeal was taken to secure a modification of the judgment in that and another respect. , ’

A provision in a promissory note for payment of an attorney fee is valid…