German-American Bank v. Martin
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Eon. Ohesley A. Mosman, Judge. (1) The validity of a clause providing for costs of collection including attorney’s fees has been recognized by the courts of this state. Creasy v. Gray, 88 Mo.
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Appeal from Buchanan Circuit Court. — Eon. Ohesley A. Mosman, Judge. (1) The validity of a clause providing for costs of collection including attorney’s fees has been recognized by the courts of this state. Creasy v. Gray, 88 Mo. App. 454; Bank v. Jacobs, 73 Mo. 35; McCoy v. Green, 83 Mo. 626; 1 Daniel on Negotiable Instruments (1 Ed.), p. 78; Bowie v. Hall, 1 L. R. A. 546; Alexander v. McDow, 108 Cal. 25; Boyd v. Smith, 39 N. E. 208; Kendall v. Page, 83 Tex. 131. (1) The question in this casé is not whether the stipulation to pay attorney’s fees is a valid one, but rather whether that…
1Opinion of the CourtBroaddus, P. J.
This is a suit in equity to collect a promissory note executed by John H. Martin, deceased. The defendant, Luther C. Martin, is the administrator of the estate of Margaret Martin, deceased, and, the other defendant is the administratrix of the estate of the said John H. Martin.
On March 31, 1905, M'argaret Martin died intestate, her estate consisting of about $3,500 in money. Subsequently on August 20, 1905, the said John H. Martin executed his note, payable to plaintiff, for the sum of $415, due in one hundred and eighty days after date, with interest at eight per cent per annum after…
2Cases cited3 opinions
- McCoy v. GreenSupreme Court of Missouri · 1884
- First National Bank v. JacobsSupreme Court of Missouri · 1880
- Creasy v. GrayMissouri Court of Appeals · 1901
3Cited by9 opinions
- Burger v. City of SpringfieldSupreme Court of Missouri · 1959
- Henry P. Jaeger and M. Darlene Jaeger v. The Canadian Bank of Commerce (California)Court of Appeals for the Ninth Circuit · 1964
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- Mechanics'-American Nat. Bank v. ColemanCourt of Appeals for the Eighth Circuit · 1913
- In Re SchindlerDistrict Court, E.D. Missouri · 1963
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