Barton v. Farmers & Merchants' National Bank
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;— heard in that court on appeal from the Circuit Court of Fayette county; the Hon. Jesse J. Phillips, Judge, presiding. This was assumpsit, upon the following promissory note: “$300.00. Vandalia, III., December 10, 188á.
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Appeal from the Appellate Court for the Fourth District;— heard in that court on appeal from the Circuit Court of Fayette county; the Hon. Jesse J. Phillips, Judge, presiding. This was assumpsit, upon the following promissory note: “$300.00. Vandalia, III., December 10, 188á. “Six months after date, for value received, we, or either of us, promise to pay to the order of the Farmers and Merchants’ National Bank of Vandalia, $300, with interest at eight per cent after maturity. If this note is not paid when due, we agree to pay an attorney’s fee of $30, if placed in the hands of an attorney for…
1Opinion of the CourtJustice Shope
By the contract it was agreed that if the note was not paid' when due, an attorney’s fee of $30 was to be paid by the maker if the note was placed in the hands of an attorney for collection. The declaration avers the non-payment at maturity, the placing of the note in the hands of an attorney for collection, and the payment by plaintiff of $30, as a fee to said attorney for his services therein.
It is apparent that the cases of Nickerson v. Babcock, 29 Ill. 497, and Easter et al. v. Boyd, 79 id. 325, where it was held that an attorney’s fee could not be recovered, because, by the contract, it…
2Cases cited6 opinions
- Clawson v. MunsonIllinois Supreme Court · 1870
- Nickerson v. BabcockIllinois Supreme Court · 1863
- Huling v. DrexellSupreme Court of Pennsylvania · 1838
- Smith v. SilversIndiana Supreme Court · 1869
- Peyser v. ColeOregon Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- Luzenberg v. Bexar Building & Loan Ass'nCourt of Appeals of Texas · 1894
- Merchants' Bank v. ThomasCourt of Appeals for the Fifth Circuit · 1903
- O'Connell v. RugelyCourt of Appeals of Texas · 1908
- Zimmerman v. First Production Credit Ass'nAppellate Court of Illinois · 1980
6 more not listed; retrieve them via the Exa API.