Ahalt v. Gatewood

The opinion of the court was delivered by

West, J.:

In 1906 the defendant Rawlings Gatewood gave the plaintiff, a resident of Oregon, three promissory notes for $6,617, bearing interest at ten per cent. Each note contained a provision that in case of suit to collect it the maker promised “to pay such sum as the court may adjudge reasonable as attorney’s fee in said suit or action.” The notes were made payable in Oregon.

Nelson Case, in 1907, brought suit on these notes in Labette county, taking judgment for $7,774.65 with interest at ten per cent. The summons was indorsed with the amount sued…