Legal Opinion

Scott v. Carl

Superior Court of Pennsylvania

Decided March 14, 1904No. Appeal, No. 76PublishedCited by 9 opinions

Appeal, No. 76, Jan. T., 1904, by defendant, from order of C. P. Columbia Co., May T., 1903, No. 150, discharging rule to compel defendant to accept face of debt without attorney’s commissions in case of Ada Scott to use of C. A. Small v. Jennie Carl and Harvey Carl. Rule to compel plaintiff to accept amount of principal sum of bond accompanying mortgage, upon which judgment was .entered, exclusive of attorney’s commissions.

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Appeal, No. 76, Jan. T., 1904, by defendant, from order of C. P. Columbia Co., May T., 1903, No. 150, discharging rule to compel defendant to accept face of debt without attorney’s commissions in case of Ada Scott to use of C. A. Small v. Jennie Carl and Harvey Carl. Rule to compel plaintiff to accept amount of principal sum of bond accompanying mortgage, upon which judgment was .entered, exclusive of attorney’s commissions. The facts are stated in the opinion of the Superior Court. Error assigned was order discharging the rule.

1Opinion of the Court

Opinion by

Rice, P. J.,

In Daly v. Maitland, 88 Pa. 384, it was held that while stipulations for the payment of attorneys’ commissions in mortgages and other securities are valid, they are, nevertheless, subject to the equitable control of the court, and will be enforced only to the extent of compensating the plaintiff for reasonable and necessary expenses of collection. It was held in Lewis v. Germania Savings Bank, 96 Pa. 86, applying the doctrine of the preceding case, that it would not be an unreasonable exercise of the equitable power of the court to refuse any allowance for attorney’s…

2Cases cited4 opinions

  1. Daly v. MaitlandSupreme Court of Pennsylvania · 1879
  2. Warwick Iron Co. v. MortonSupreme Court of Pennsylvania · 1892
  3. Lewis v. Germania Savings BankSupreme Court of Pennsylvania · 1880
  4. Walter v. DicksonSupreme Court of Pennsylvania · 1896

3Cited by9 opinions

  1. Eastgate Enterprises, Inc. v. Bank & Trust Co. of Old York RoadSuperior Court of Pennsylvania · 1975
  2. Griffith's EstateSuperior Court of Pennsylvania · 1929
  3. Warden v. ZanellaSuperior Court of Pennsylvania · 1980
  4. Foulke v. Hatfield Fair Grounds Bazaar, Inc.Superior Court of Pennsylvania · 1961
  5. Graves v. BurchWyoming Supreme Court · 1919

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