Legal Opinion

Wood & Bros. v. Winship Machine Co.

Supreme Court of Alabama

Decided December 15, 1887PublishedCited by 8 opinions

Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. . This action was brought by the Winship Machine Co., a private corporation chartered under the laws of Georgia, against J. P. Wood, M. A. Wood, and F. S. Wood, partners doing business under the firm name of J. P. Wood & Brothers.

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Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. . This action was brought by the Winship Machine Co., a private corporation chartered under the laws of Georgia, against J. P. Wood, M. A. Wood, and F. S. Wood, partners doing business under the firm name of J. P. Wood & Brothers. By their complaint, the plaintiffs claimed of the defendants $104, “due by a contract of guaranty indorsed on a promissory note made by J. J. & H. Tickers on the 6th day of August, 1885, and payable to plaintiffs on the 15th October next after date, at the Farmers & Merchants’ Bank, with…

1Opinion of the CourtSomerville, J.

The action is founded on a written instrument, ascertaining the plaintiff’s demand, and the judgment is one by. default. The note obligates the maker to pay principal, interest, and ten per-cent, attorney's fees. This we construe to mean, ten per-cent, on the amount of the note, as attorney’s fees in any suit brought to enforce its collection. Such a demand will support a judgment by default, for the entire amount due, including the attorney’s fees, without the intervention of a jury. — Code, 1886, §2740; McKenzie v. Clanton, 33 Ala. 528; Burns v. Howard, 68 Ala. 352. It is not a case of…

2Cases cited3 opinions

  1. Burns v. HowardSupreme Court of Alabama · 1880
  2. McPherson v. RobertsonSupreme Court of Alabama · 1886
  3. McKenzie v. ClantonSupreme Court of Alabama · 1859

3Cited by8 opinions

  1. Stephenson v. AllisonSupreme Court of Alabama · 1898
  2. Vinyard v. Republic Iron & Steel Co.Supreme Court of Alabama · 1921
  3. Government Street Lumber Co. v. AmSouth Bank, NASupreme Court of Alabama · 1989
  4. Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
  5. Ledbetter & Co. v. VintonSupreme Court of Alabama · 1895

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