Macomb v. Wilkinson

This suit involves the right of the defendant to show that a part of the consideration of a certain note given by him to R. P. Toms in his life-time consisted of illegal attorney’s fees charged in the foreclosure of certain mortgages in the hands of Mr. Toms for foreclosure, and to have the amount of such illegal attorney’s fees deducted from said note.

In January, 1889, John N. Macomb brought suit in the Wayne circuit against the defendant upon a promissory note, a copy of which appears in the record as follows:

“ $1,500. Detroit, November 3, 1876.

“ Sixty days after date, I promise to pay to…