Manufacturers & Traders Trust Co. v. Dougherty

OPINION OF THE COURT

John W. Grow, J.

Plaintiff, Manufacturers & Traders Trust Company, as trustee, hereinafter bank, brings this action to foreclose a real property mortgage on premises owned by defendants Dougherty after their default in principal and interest payments. All defendants defaulted in appearing or answering the bank’s complaint. The appointed referee determined the mortgage balance to be $81,871.41. The mortgage provides that in the *366event of foreclosure the bank has the right to add “all reasonable attorneys’ fees to the amount I owe.” This clause constitutes the genesis of this…