Legal Opinion

New Finance, Ltd. v. Ellis

Supreme Court of Alabama

Decided August 7, 1969No. 6 Div. 729PublishedCited by 5 opinions

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

  1. Stephenson v. AllisonSupreme Court of Alabama · 1898
  2. James v. ToddSupreme Court of Alabama · 1957
  3. State Ex Rel. Green v. One 5¢ Fifth Inning Base Ball MacHineSupreme Court of Alabama · 1941
  4. State v. BAY TOWING AND DREDGING CO.Supreme Court of Alabama · 1955
  5. Ex parte BledsoeSupreme Court of Alabama · 1913

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Voyager Life Ins. Co., Inc. v. WhitsonSupreme Court of Alabama · 1997
  2. James W. Partain v. The First National Bank of MontgomeryCourt of Appeals for the First Circuit · 1972
  3. Austin v. Alabama Check Cashers Ass'nSupreme Court of Alabama · 2005
  4. Darrow v. Beneficial Fin. Co.Court of Civil Appeals of Alabama · 1979
  5. Trustees Loan & Discount Co. v. CarswellCourt of Civil Appeals of Alabama · 1983

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