Cramer & Co. v. Huff

1. When a promissory note stipulated for the payment of “ attorney’s fees, to he fixed by the court, not to exceed ten per cent, of principal and interest, if collected by suit,” it was erroneous, on the trial of an action brought upon such note, for the court to instruct the jury that they would, in case they found against the defendant’s pleas, be authorized “ to give attorney’s fees against the defendants in a sum not less than ten per cent.,” where no evidence at all relating to what were reasonable attorney’s fees was introduced at the trial.

2. Where on the trial of such an action a…