Legal Opinion
Berkemeier v. Rushville National Bank
Indiana Court of Appeals
Decided February 16, 1984No. 1-883A243PublishedCited by 20 opinions
1Opinion of the Court
NEAL, Presiding Judge.
STATEMENT OF THE CASE
Defendant-appellants, Robert Berkemeier and Marilyn Berkemeier (Berkemeiers) appeal an award of attorney fees in a mortgage foreclosure action instituted by plaintiff-appellee, Rushville National Bank (Bank).
We reverse.
STATEMENT OF THE FACTS
On October 5, 1981, the Bank instituted its action to collect a promissory note in the amount of $238,548.93, executed by the Berkemeiers, and to foreclose the real estate mortgage which secured it. The mort gage contained a standard attorney fee clause which provided that upon default Berkemeiers would pay…
2Cases cited16 opinions
- Public Service Commission v. Indiana Bell Telephone Co.Indiana Supreme Court · 1955
- U. S. Aircraft Financing, Inc. v. JankovichIndiana Court of Appeals · 1980
- Waxman Industries, Inc. v. Trustco Development Co.Indiana Court of Appeals · 1983
- Hoag v. JeffersIndiana Supreme Court · 1928
- Berkemeier v. Rushville National BankIndiana Court of Appeals · 1982
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Jones v. Marengo State BankIndiana Court of Appeals · 1988
- Mantooth v. Federal Land BankIndiana Court of Appeals · 1988
- Weisman v. Hopf-Himsel, Inc.Indiana Court of Appeals · 1989
- Nixon v. PhillipoffDistrict Court, N.D. Indiana · 1985
- Venture Enterprises, Inc. v. Ardsley Distributors, Inc.Indiana Court of Appeals · 1996
15 more not listed; retrieve them via the Exa API.