Legal Opinion

Tinsley v. . Hoskins

Supreme Court of North Carolina

Decided September 5, 1892PublishedCited by 25 opinions

This was a civil actioN, tried at the February Term of Guilford Superior Court, before Whitaker, J., upon appeal from a Justice of the Peace The facts may be gathered from the opinion of the Court.

1Opinion of the Court

Shepherd, C. J.:

The defendant executed to the plaintiff a promissory note for the sum of $146.35, payable on the 1st of July, 1889, “with legal iutere-t from maturity,” and it was stipulated therein “that in case this note is collected by legal process, the usual collection fee shall be due and payable therewith.”

The sole question presented for review is whether such a stipulation is valid and enforceable. The point has never been passed upon by this Court, and there is some conflict of judicial decisions upon the subject in other States. We think, however, that the ruling of his Honor is…

Also in this document: Dissent.

2Cases cited2 opinions

  1. Myer v. HartMichigan Supreme Court · 1879
  2. Dow v. Updike Bros.Nebraska Supreme Court · 1881

3Cited by25 opinions

  1. Stillwell Enterprises, Inc. v. Interstate Equipment Co.Supreme Court of North Carolina · 1980
  2. Bromhal v. StottSupreme Court of North Carolina · 1995
  3. Turner v. . BogerSupreme Court of North Carolina · 1900
  4. Raleigh County Bank v. PoteetWest Virginia Supreme Court · 1914
  5. State Wholesale Supply, Inc. v. AllenCourt of Appeals of North Carolina · 1976

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