Moore v. Staser

On Petition eor a Rehearing.

Ross, J.

The appellee asks a rehearing in this case for the reason, as put by counsel, that the word attorney, “ when applied to one for whom a fee is provided in the execution of a promissory note, means an officer of court who performs services for a litigant in a court, and not a mere collecting agent.” Counsel then proceeds to say that the intent of the contracting parties was simply to pay “ attorney’s fees ” in case suit was brought to 'enforce the payment of the principal of the note. He also contends that the intention must be determined from custom, and *369that…