Livingston Bros. v. Salter

1. Where a suit is brought upon a promissory note providing for the payment of interest and attorney’s fees, and the statutory nqtiee prescribed by the act of 1900 as a condition precedent to the recovery of attorney’s fees has been given, although the defendant sustains a plea of partial failure of consideration, there should be added, to the plaintiff’s principal recovery, interest at the rate specified in the note, and attorney’s fees calculated according to the amount found to be due.

2. Under the law prior to 1900, attorney’s fees could not be recovered if tlie defendant sustained any of…