Musser v. Crum
Supreme Court of Iowa
Appeal from Johnson Circuit Cou/rt. Action upon two promissory notes. The petition contains three counts, the first and second upon the two notes respectively, and the third states that each of the notes provides for an attorney’s fee for the collection thereof, if the notes are not paid when due. It further states that the notes are due; that the defendants have failed to pay the same; and that six hundred dollars would be a reasonable attorney’s fee.
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Appeal from Johnson Circuit Cou/rt. Action upon two promissory notes. The petition contains three counts, the first and second upon the two notes respectively, and the third states that each of the notes provides for an attorney’s fee for the collection thereof, if the notes are not paid when due. It further states that the notes are due; that the defendants have failed to pay the same; and that six hundred dollars would be a reasonable attorney’s fee. Answer was made to the last count only. It was denied that six hundred dollars was a reasonable attorney’s fee. On the 15th of October, 1876,…
1Opinion of the CourtAdams, J.
1. pleading: fee. I. No answer or other pleading having been filed to the two first counts of the petition, there was no error in rendering judgment thereon. Code, § 2856. It is claimed, it is true, by the defendants, that there was in effect an answer to the first two counts. Their position, as we understand it, is this: That an attorney’s fee is provided in each note; that a note is but one contract; that a count upon a note, which calls for an attorney’s fee, should cover the claim for fee; that if the plaintiff undertakes to set up such claim in a separate count, he should have no…
2Cases cited1 opinion
- Nelson v. EverettSupreme Court of Iowa · 1870
3Cited by5 opinions
- Weller v. HawesSupreme Court of Iowa · 1878
- Union Mercantile Co. v. ChandlerSupreme Court of Iowa · 1894
- Dent v. SmithSupreme Court of Iowa · 1880
- Mason v. SearlesSupreme Court of Iowa · 1881
- Barbee v. Aultman, Miller & Co.Supreme Court of Iowa · 1897