Legal Opinion

Maxey v. Somerton State Bank

Arizona Supreme Court

Decided May 12, 1921No. Civil No. 1836PublishedCited by 7 opinions

APPEAL from a judgment of the Superior Court of the County of Maricopa. A. Gr. McAlister, Judge.

1Opinion of the Court

JENCKES, Superior Judge.

The sole question to be determined upon this appeal is whether or not the trial court correctly interpreted a written agreement concerning the payment of attorney’s fees embraced within the terms of certain promissory notes. The agreement is set forth in two sentences separated by matter pertaining to other provisions of the notes. The first sentence reads, “Should this note not be paid punctually, and an attorney be employed, .the makers and indorsers of this note severally and jointly agree to pay a reasonable sum in addition to the sum then unpaid, as attorney’s…

2Cases cited1 opinion

  1. McKinney v. General Accident Fire & Life Assur. Co.Court of Appeals for the Eighth Circuit · 1914

3Cited by7 opinions

  1. Elson Development Co. v. Arizona Savings & Loan Ass'nArizona Supreme Court · 1965
  2. Galbraith v. JohnstonArizona Supreme Court · 1962
  3. Federal Land Bank v. WarnerSupreme Court of the United States · 1934
  4. Federal Land Bank v. WarnerArizona Supreme Court · 1933
  5. City of Phoenix v. TannerArizona Supreme Court · 1945

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