Philip Quaglino Tobacco Co. v. Fenerty

GARSAUD, Judge.

This is an appeal from a decision of the district court denying plaintiff attorney’s fees on a promissory note. The only issue is whether defendants are liable for 25% attorney’s fees provided for in the promissory note sued on.

The defendants/appellees were makers of a note in the amount of $1,717.00, dated January 22, 1966, payable ten years from date, at 5% interest payable annually. The note contained the following statement regarding attorney’s fees:

“In case this note should be placed in the hands of an attorney, after its maturity, to institute legal proceedings to recover…