Legal Opinion

First National Bank v. Canatsey

Indiana Supreme Court

Decided November 15, 1870PublishedCited by 4 opinions

APPEAL from the Morgan Circuit Court.

1Opinion of the CourtWorden, J.

This was an action by the appellant against the appellees, on a bill of exchange on which the defendants were liable as drawers, acceptors, and indorsers. The bill stipulated for the payment “ of costs of collecting, including attorney’s fees.”

W. i?. Harrison and W. S. Shirley, for appellant. A Claypool and F. P. A. Phelps, for appellees.

There was 'judgment by default for the amount of the bill, and the court found specially that the reasonable attorney’s fees for collecting the bill would be sixty-five dollars, but refused to allow the same or any part thereof on the ground that the clause…

2Cases cited4 opinions

  1. Smith v. Muncie National BankIndiana Supreme Court · 1867
  2. Billingsley v. DeanIndiana Supreme Court · 1858
  3. Smith v. SilversIndiana Supreme Court · 1869
  4. Gambril v. Doe ex dem. RoseIndiana Supreme Court · 1846

3Cited by4 opinions

  1. Oppenheimer v. BankTennessee Supreme Court · 1896
  2. Franklin v. DuncanTennessee Supreme Court · 1915
  3. Indiana Nat. Bank of Indianapolis v. GossCourt of Appeals for the Seventh Circuit · 1953
  4. Stingley v. Second National BankIndiana Supreme Court · 1873

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