Brantley v. Tugwell

McCALEB, Justice.

Plaintiff seeks recovery on a $2,000 check issued to her by defendant on which payment was stopped because of failure of consideration. Additionally, she claims $300 attorney’s fees on the theory that, by reason of defendant’s refusal to pay the check, it has been necessary that she employ counsel to prosecute the suit and that she has obligated herself to pay him that amount. Following a trial of the case on its merits, the position of defendant was sustained and the suit dismissed. Plaintiff then appealed to this court from the adverse decision.

When the case was posted for…