New Finance, Ltd. v. Ellis
Supreme Court of Alabama
1Opinion of the Court
HARWOOD, Justice.
The sole question presented on this review is:
Does Act No. 374 of the 1959 Regular Session of the Legislature of Alabama (Acts of Alabama, 1959, pp. 966-984) known as the Alabama Small Loan Act, prohibit a licensee under such Act from incorporating in a note evidencing a loan, a provision that the borrower will pay “all expenses of collecting this note, with or without suit, including a reasonable attorney’s fee, paid to the lender’s attorney.”
In State ex rel. Green v. One 5‡ Fifth Inning Base Ball Machine, 241 Ala. 455, 3 So.2d 27, the late Chief Justice Gardner wrote in…
2Cases cited7 opinions
- Stephenson v. AllisonSupreme Court of Alabama · 1898
- James v. ToddSupreme Court of Alabama · 1957
- State Ex Rel. Green v. One 5¢ Fifth Inning Base Ball MacHineSupreme Court of Alabama · 1941
- State v. BAY TOWING AND DREDGING CO.Supreme Court of Alabama · 1955
- Ex parte BledsoeSupreme Court of Alabama · 1913
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3Cited by5 opinions
- Voyager Life Ins. Co., Inc. v. WhitsonSupreme Court of Alabama · 1997
- James W. Partain v. The First National Bank of MontgomeryCourt of Appeals for the First Circuit · 1972
- Austin v. Alabama Check Cashers Ass'nSupreme Court of Alabama · 2005
- Darrow v. Beneficial Fin. Co.Court of Civil Appeals of Alabama · 1979
- Trustees Loan & Discount Co. v. CarswellCourt of Civil Appeals of Alabama · 1983