Franco v. Bank of Forest Park

Eberhardt, Judge.

The record reflects that at the taking of Mr. Porter’s deposition for use in the trial Mr. Leiter, representing both defendants, asserted: “Yes, we stipulate that we got the notice to collect attorney’s fees.” Mr. Porter admitted it in his testimony and asserted that upon receiving the notice he called Mr. Franco and that Franco informed him that he had also received a similar letter.

There is no merit in the objection to the admission of the notice on the ground that it was not given after maturity of the obligation, as required under our ruling in Dailey v. First Nat. Bank…