Emblem, Inc. v. Picolo

YARRUT, Judge.

The only issue here is whether defendant is liable for a 25% attorney fee ($545) provided in the promissory note and chattel mortgage sued upon.

The District Judge disallowed the attorney fee, and we agree with him.

The undisputed material facts are that, to secure the purchase price of certain household furniture, defendant executed the note and chattel mortgage, payable in 90 days, bearing 8% interest, with a stipulation for a 25% attorney fee should the note be placed with an attorney for collection.

While the trial judge sustained objection to parole testimony seeking to prove…