McGill v. Griffin
Supreme Court of Iowa
Appeal from Monroe Circuit Court. The plaintiffs petition claims of the defendants the snm of $600 principal and interest alleged to be due on a promissory note, and prays for the foreclosure of a mortgage given to secure the note. It also claims the further sum of $50 as attorney fee for collecting the same.
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Appeal from Monroe Circuit Court. The plaintiffs petition claims of the defendants the snm of $600 principal and interest alleged to be due on a promissory note, and prays for the foreclosure of a mortgage given to secure the note. It also claims the further sum of $50 as attorney fee for collecting the same. In the note is contained the following stipulation, viz.: “And should this note be collected by legal process, I agree to pay the attorney’s fee for collecting the same.” The mortgage contained the provision that it should be void “ upon the payment of the sum mentioned in the note, and…
1Opinion of the CourtMiller, J.
The only question presented by the record is, whether the court erred in the rejection of appellant’s' claim for the attorney’s fees for collection, as stipulated in the note sued on.
This question is fully settled in Nelson v. Everett, 29 Iowa, 184; Williams et al. v. Meeker, id. 292; and in Weatherby v. Smith, 30 id. 131.
Nelson v. Everett was an action on a note and mortgage containing substantially the same stipulation contained in the note in this case, default was entered and plaintiff “ offered to prove what was a reasonable attorney fee for foreclosing the mortgage.” This evidence was…
2Cases cited2 opinions
- Gower v. CarterSupreme Court of Iowa · 1856
- Nelson v. EverettSupreme Court of Iowa · 1870
3Cited by11 opinions
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- Oppenheimer v. BankTennessee Supreme Court · 1896
- Bowie v. HallCourt of Appeals of Maryland · 1888
- Peyser v. ColeOregon Supreme Court · 1883
- Barton v. Farmers & Merchants' National BankIllinois Supreme Court · 1887
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