Monk v. National Bank
Court of Appeals of Georgia
Complaint; from city court of Tifton—Judge B. Eve. April 6, 1912.
1Opinion of the CourtBussell, J.
The only question raised in this ease is whether a note is such an unconditional contract in writing as that liability for the attorney’s fees therein stipulated can not be questioned unless the defendant’s answer is under oath. The suit was upon a note which contained a promise to pay attorney’s fees of ten per cent, upon principal and interest if the note should-be “given out for collection.” The third paragraph of the petition alleged timely service' upon the defendant of a notice of intention to sue, which fully complied with the statute. The defendant’s answer specifically *254denied the…
2Cases cited8 opinions
- Jester v. Bainbridge State BankCourt of Appeals of Georgia · 1908
- Savannah Bank & Trust Co. v. PurvisCourt of Appeals of Georgia · 1909
- Webb v. SimmonsCourt of Appeals of Georgia · 1908
- Mount Vernon Bank v. GibbsCourt of Appeals of Georgia · 1907
- Pendergrast v. GreesonCourt of Appeals of Georgia · 1909
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3Cited by6 opinions
- Turner v. Bank of MaysvilleCourt of Appeals of Georgia · 1913
- Donalson v. Bank of JakinCourt of Appeals of Georgia · 1925
- Jones v. Knightstown Body Co.Court of Appeals of Georgia · 1936
- Henderson v. Swift Fertilizer WorksCourt of Appeals of Georgia · 1915
- Glover v. KillingsworthCourt of Appeals of Georgia · 1933
1 more not listed; retrieve them via the Exa API.