Cooper Grocery Co. v. Citizens Bank & Trust Co.

— The Citizens Bank and Trust Company brought an action in the Circuit Court for Hillsborough County upon two promissory notes bearing 10 per cent interest per annum. The court denied a motion to strike from each count of the declaration a claim of ten per cent, attorney fees upon the ground that such a demand is void or contrary to the policy expressed in Chapter 5960, Acts of 1909. A demurrer .to a special plea was sustained and the defendant not desiring to further plead the court entered judgment as follows:

“Judgment is hereby rendered upon the demurrer in favor of the plaintiff, and the…