Rodgers v. Hamilton
Supreme Court of Georgia
Factor’s lien. Attorney’s fees. J. F. & M. Hamilton brought complaint against James M. Rodgers as maker, and Adams, Washburn & Company as indorsers, for the sum of $592 30, besides interest, and $40 00 as counsel fees, on the following instrument: “$592 30. Amerious, Georgia, March 4th, 1870. “On November 1st, next, I promise to pay to Adams, Washburn & Company, or bearer, $592 30, for value received, as an advance on my crop of cotton of the present year, raised in the…
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Factor’s lien. Attorney’s fees. J. F. & M. Hamilton brought complaint against James M. Rodgers as maker, and Adams, Washburn & Company as indorsers, for the sum of $592 30, besides interest, and $40 00 as counsel fees, on the following instrument: “$592 30. Amerious, Georgia, March 4th, 1870. “On November 1st, next, I promise to pay to Adams, Washburn & Company, or bearer, $592 30, for value received, as an advance on my crop of cotton of the present year, raised in the county of Sumter, State of Georgia, said advance being for the purpose of enabling me to make said crop, and I do hereby…
1Opinion of the Court
McCay, Judge.
Upon' a fair construction of the contract sued on, we are of opinion that tbe agreement to pay counsel fees was a part, not of the contract to pay the money, but of the contract that the plaintiffs should have a lien on the crop. This seems never to have been enforced, and so far as counsel fees are concerned, is not a good lien under the Act of 1866. That confines the lien to provisions and commercial manures. We think, therefore, the plaintiff' had no right to recover the fees for the present suit. But though we reverse the judgment we shall direct the Court not to grant a new…
2Cited by4 opinions
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- Jones v. FindleySupreme Court of Georgia · 1889
- Ware v. City BankSupreme Court of Georgia · 1877
- Dart v. Mathew & Co.Supreme Court of Georgia · 1878