Amuny v. Seaboard Bank & Trust Co.

The sole issue presented in this case is the right of the defendant in error as holder of plaintiff in error’s promissory note, to recover the stipulated attorneys’ fees under the circumstances shown. The trial court denied the plaintiff a recovery for such fees, but this judgment was reformed by the Court of Civil Appeals so as to allow them. 6 S.W.(2d) 186.

The defense against such recovery was this:

That the note was an installment note payable in monthly sums containing the usual stipulation for 10 per cent, attorneys’ fees “if this note is placed in the hands of an attorney for collection…