Franklin v. Duncan

This cause is a general creditors ’ proceeding to wind up The Duncan, a hotel corporation, and the questions to he determined arise on the claim of the Penn Mutual Life Insurance Company against the insolvent company and Oliver J. Timothy, as guarantor for it.

The Duncan, as maker, executed a mortgage note for $60,000 to the ¿Life Insurance Company which contained in its body, the following stipulation respecting attorneys ’ fees:

“It is stipulated that if this note is placed in the hands of an attorney for collection, has to be sued upon, or if litigation arises in the course of its…