Moore's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Westmoreland county: Of October and November Term 1885, Nos. 24, 25 and 26. This was an appeal by J. W. Moore from an order of said court allowing attorney’s commissions on certain judgment notes entered up against him by Rachel Kilgore et al,, under the following circumstances: On November 26th, 1883, Moore borrowed from Rachel Kilgore the sum of $2,000, and gave her his note tlierefor in the following form : “$2,000.00 G rbensburgh,…
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Appeal from the Court of Common Pleas of Westmoreland county: Of October and November Term 1885, Nos. 24, 25 and 26. This was an appeal by J. W. Moore from an order of said court allowing attorney’s commissions on certain judgment notes entered up against him by Rachel Kilgore et al,, under the following circumstances: On November 26th, 1883, Moore borrowed from Rachel Kilgore the sum of $2,000, and gave her his note tlierefor in the following form : “$2,000.00 G rbensburgh, Nov. 26th, 1883. “ One year after d_ate I promise to pay to Rachel Kilgore, or order, Two thousand Dollars, value…
1Opinion of the CourtJustice Green
The judgment notes in this case contained a clause authorizing the inclusion of “ costs of suit and attorney’s commissions of five percent, for collection ” in the judgments to be confessed. They were dated November 26th, 1883, and were payable at one year after date with interest. On November 26th, 1884, being the date of the maturity of the notes, the defendant by leave of'the court paid into court the full amount of debt, interest and costs on all the judgments. He refused to pay any attorney’s commissions because he was ready and willing to pay the whole amount due, thus rendering…
2Cited by7 opinions
- Graves v. BurchWyoming Supreme Court · 1919
- Lindley v. RossSupreme Court of Pennsylvania · 1890
- In re WarringtonSuperior Court of Delaware · 1935
- Steigerwald v. Philadelphia Brewing Co.Superior Court of Pennsylvania · 1902
- Eisenhower v. ShankSuperior Court of Pennsylvania · 1906
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