New England Mortgage Security Co. v. Gay
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED .STATES. FOR THE SOUTHERN DISTRICT OF GEORGIA. This was an action of assumpsit by the plaintiff in error against Jacob M. Gay upon four promissory notes, made by. Gay, amounting to $8500, with interest- at eight per cent,' payable annually, with all costs of collection, including ten per cent attorney fees. These notes were made payable to Charles X. Flint or order, at the office of the.
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ERROR TO THE CIRCUIT COURT OF THE UNITED .STATES. FOR THE SOUTHERN DISTRICT OF GEORGIA. This was an action of assumpsit by the plaintiff in error against Jacob M. Gay upon four promissory notes, made by. Gay, amounting to $8500, with interest- at eight per cent,' payable annually, with all costs of collection, including ten per cent attorney fees. These notes were made payable to Charles X. Flint or order, at the office of the. Corbin Banking Company, New York City, and as to each of them the defendant waived his right to the benefit of the exemption provided for by the constitution and laws…
1Opinion of the CourtJustice Brown
From the above statement of facts it is clear that, while the plaintiff sued to recover $8500 and interest, he actually recovered $6800 and interest and attorney fees, amounting in all to $9725.66, so that the amount actually in dispute between the parties in this court is the difference between the amount claimed and the amount of the verdict. Computing interest at eight per cent upon the entire amount pf the notes and adding an attorney fee of ten per cent; the amount due according to the plaintiff’s theory was approximately $12,155, or $2429.34 more than the amount recovered. This is the…
2Cases cited14 opinions
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