Jardine v. Hawkes

Plaintiff appeals from a judgment in her " favor foreclosing a mortgage, and specifies as error the re fusal of the court to allow and include attorney’s fees and costs.

The note in suit provided for a reasonable attorney’s fee, and the mortgage designated $200 as a fee in case of foreclosure. The court found that the plaintiff had obligated herself to pay $200 attorney’s fees, but as the note was payable at a special place, the court concluded, as a matter of law, that the plaintiff was “not entitled to recover attorney’s fees or costs in this action because of her failure to present the said…