Bank of Commerce v. Fuqua
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarke County. Action on bill of exchange. Judgment was rendered for the plaintiff by Hunt, J. I. The bill of exchange declared on contains the following clause: “ The parties hereto agree to pay all attorneys’ fees in case of suit on this paper.”
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Appeal from First Judicial District, Lewis and Clarke County. Action on bill of exchange. Judgment was rendered for the plaintiff by Hunt, J. I. The bill of exchange declared on contains the following clause: “ The parties hereto agree to pay all attorneys’ fees in case of suit on this paper.” We think the weight of authority is that stipulations for attorneys’ fees in ease of suit in notes or bills are void, as being stipulations for a penalty, against public policy, and as attempts to evade the usury laws. (Bulloch v. Taylor, 39 Mich. 137; 33 Am. Rep. 356; Myer v. Hart, 40 Mich. 517; 29 Am.…
1Opinion of the CourtHarwood, J.
The bill of exchange sued on in this action was drawn for the principal sum of four thousand dollars, and provided for interest at six per centum per annum after maturity until paid, and that “the parties hereto agree to - pay all attorney’s fees in case of suit on this paper.” The defendants, one of whom is appellant, were, according to the allegations of the complaint, both acceptors and indorsers of said bill of exchange.
Judgment was rendered against appellant, G. W. Crutcher, one of the alleged acceptors and indorsers, for the said principal sum of four thousand dollars, together with…
2Cases cited14 opinions
- McLeod v. Conn. & Pass. R. R. R.Supreme Court of Vermont · 1886
- Carey v. Cincinnati & Chicago RailroadSupreme Court of Iowa · 1857
- Swank v. HufnagleIndiana Supreme Court · 1887
- Barber v. BriscoeMontana Supreme Court · 1888
- Barkley v. LoganMontana Supreme Court · 1875
9 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Cornish v. WoolvertonMontana Supreme Court · 1905
- Stadler v. First National BankMontana Supreme Court · 1899
- In Re Wray's EstateMontana Supreme Court · 1933
- Bullard v. SmithMontana Supreme Court · 1903
- McManus v. FultonMontana Supreme Court · 1929
37 more not listed; retrieve them via the Exa API.