Johnston v. Speer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Fayette county: Of October and November Term 1879, No. 318. Assumpsit by Levi Johnston against N. Q. Speer, on two notes, of. which the following is a copy : $583.48. Belle Vernon, Pa., Aug. 27, 1877. Ninety days after date we promise to pay to the order of N. Q. Speer five hundred and eighty-three 48-100 dollars, with interest from date, at the Banking House of S. F. Jones & Co., without defalcation or stay of execution, value received,…
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Error to the Court of Common Pleas of Fayette county: Of October and November Term 1879, No. 318. Assumpsit by Levi Johnston against N. Q. Speer, on two notes, of. which the following is a copy : $583.48. Belle Vernon, Pa., Aug. 27, 1877. Ninety days after date we promise to pay to the order of N. Q. Speer five hundred and eighty-three 48-100 dollars, with interest from date, at the Banking House of S. F. Jones & Co., without defalcation or stay of execution, value received, and without any benefit whatever from any valuation, appraisement or relief laws, and with-per cent, attorney’s…
1Opinion of the CourtJustice Gordon
If there is anything positively settled with reference to an agreement, in a bond, mortgage or note, for the payment of a fixed sum as attorney’s commissions, it is that the sum so fixed belongs to the payee or mortgagee as a compensation for the expenses and trouble he may incur in the collection of the claim. It does not belong to. the attorney who collects such claim, and it is not part of the costs of the case: Faulkner v. Wilson, 3 W. N. C. 339.
In Robinson v. Loomis, 1 P. F. Smith 78, it was held that such an agreement could not be regarded as a penalty, but as an agreed; compensation…
2Cited by4 opinions
- Foulke v. Hatfield Fair Grounds Bazaar, Inc.Superior Court of Pennsylvania · 1961
- Valley National Bank of Chambersburg v. CrowellSupreme Court of Pennsylvania · 1892
- In re Peerless Weaving & Throwing Co.District Court, M.D. Pennsylvania · 1919
- Hutchinson Machinery Co. v. Kazimer, Pennsylvania Court of Common Pleas, Luzerne County1927