Howard v. Carroll
District Court, D. Maryland
At Law. Action by Líiura Warren Howard against Margaret A. Carroll
1Opinion of the Court
ROSE, District Judge.
The promissory note sued on in this case was made in Atlanta, Ga. By its terms it is there payable. The defendant. promised 12 months after date to pay $3,000, with interest, “with all costs of collection, including 10 per cent, as attorney’s fee if collected by law or through an attorney at law.” The declaration asserts that there is $3,300 in controversy, viz., the principal of the note and a 10 per cent, attorney’s fee. The defendant demurs on the ground that the declaration on its face discloses that in legal contemplation the amount in controversy does not exceed…
2Cases cited9 opinions
- Vance v. W. A. Vandercook Co.Supreme Court of the United States · 1898
- Smithers v. SmithSupreme Court of the United States · 1907
- Schunk v. Moline, Milburn & Stoddart Co.Supreme Court of the United States · 1893
- Brown v. WebsterSupreme Court of the United States · 1895
- Upton v. McLaughlinSupreme Court of the United States · 1882
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3Cited by5 opinions
- Oxford Production Credit Association v. Gordon L. DuckworthCourt of Appeals for the Fifth Circuit · 1982
- Nickelson v. Nestles Milk Products CorporationCourt of Appeals for the Fifth Circuit · 1939
- Underwood v. Continental Assurance Co.District Court, S.D. Texas · 1956
- Perry v. John Hancock Mut. Life Ins.Court of Appeals for the Fifth Circuit · 1924
- John Hancock Mut. Life Ins. v. PerryDistrict Court, S.D. Georgia · 1922