Boozer v. Anderson
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court, in Chancery. Hon. J. A. Williams, Circuit Judge. A provision in a note for an attorney’s fee in case of suit, does not destroy its negotiability. (35 Ark., 147.) Such a stipulation is valid, in the absence of fraud. 59 Penn., 804; 4 Watts, 186; 8 Wright, 38; 1 P. F. Smith, 7; 8 P. $ H. JR., 110; 34 111, H9; 8 Blackf, iff); 1 Ind., 331; 89 Ib., 158; 38 lb., 381; 34 lb., 334; 35 lb., 104; 38 lb., 323; 32 Iowa, 181,; 11 Bush., 180; 23 La.
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APPEAL from Jefferson Circuit Court, in Chancery. Hon. J. A. Williams, Circuit Judge. A provision in a note for an attorney’s fee in case of suit, does not destroy its negotiability. (35 Ark., 147.) Such a stipulation is valid, in the absence of fraud. 59 Penn., 804; 4 Watts, 186; 8 Wright, 38; 1 P. F. Smith, 7; 8 P. $ H. JR., 110; 34 111, H9; 8 Blackf, iff); 1 Ind., 331; 89 Ib., 158; 38 lb., 381; 34 lb., 334; 35 lb., 104; 38 lb., 323; 32 Iowa, 181,; 11 Bush., 180; 23 La. Ann., 767; etc., etc. As to the light to decree attorney’s fees in cases of this kind, see Jones on Mortgages, secs. 359…
1Opinion of the CourtSmith, J.
Boozer sold and conveyed to the ancestor of the appellees, a lot of land in the town of Pine Bluff, for the consideration of $1,500, of which $500 were paid, and for the remainder a note was made. This note contained a stipulation that, in the event suit became necessary to collect it, the maker would pay an attorney’s fee of ten per cent, on the amount that should be recovered. The deed which was made recites the note and stipulation for an attorney’s fee, and provides that, until the note is paid, a vendor’s lien is reserved to secure the same. On a bill filed to enforce this lien, the…
2Cases cited2 opinions
- Bullock v. TaylorMichigan Supreme Court · 1878
- Dow v. Updike Bros.Nebraska Supreme Court · 1881
3Cited by20 opinions
- National Bank of Eastern Arkansas v. BlankenshipDistrict Court, E.D. Arkansas · 1959
- White-Wilson-Drew Co. v. EgelhoffSupreme Court of Arkansas · 1910
- Hough v. Continental Leasing Corp.Supreme Court of Arkansas · 1982
- Romer v. LeynerSupreme Court of Arkansas · 1955
- Raleigh County Bank v. PoteetWest Virginia Supreme Court · 1914
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