Jones v. McDowell
Superior Court of Pennsylvania
Appeal, No. 183, April T., 1909, by J. M. Slcelley, from order of C. P. No. 3, Allegheny Co., May T., 1907, No. 146, discharging rule to strike off attorney’s commissions in case' of Jones v. McDowell. Rule to strike off attorney’s commissions. The facts appear by the opinion of the Superior Court. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Rice, P. J.,
The judgment on the bond accompanying the mortgage was entered on March 12, 1907. By virtue of the condition in the bond relative to default in payment of any installment of interest for the space of thirty days the whole principal debt of *43$1,200 with interest had become due in the latter part of January preceding. According to a stipulation in the bond, execution might then have issued for the collection of the debt, interest, fees, costs and expenses of collection, including an attorney’s commission of five per cent. On April 27, 1907, J. M. Skelley, the appellant, who…
2Cases cited2 opinions
- Lewis v. Germania Savings BankSupreme Court of Pennsylvania · 1880
- Scott v. CarlSuperior Court of Pennsylvania · 1904
3Cited by4 opinions
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- EASTGATE ENTERP. v. Bk. & Tr. Co.Superior Court of Pennsylvania · 1975