Legal Opinion

Security Co. v. Eyer

Nebraska Supreme Court

Decided March 29, 1893No. 4788PublishedCited by 14 opinions

Appear from the district court of Holt county. Heard below before Kinkaid, J. A promise in a note to pay attorneys’ fees is valid and may be enforced where suit is brought upon default in payment. (Harvey v. Baldwin, 24 N. E. Rep. [Ind.], 347; Roisterer v. Carpenter, Id., 371; Smock v. Ripley, 62 Ind., 81; Ogborn v. Eliason, 77 Id., 394; Smith v. Silvers, 32 Id., 321; Farmers & Merchants National Bank v. Barton, 21 Ill.

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Appear from the district court of Holt county. Heard below before Kinkaid, J. A promise in a note to pay attorneys’ fees is valid and may be enforced where suit is brought upon default in payment. (Harvey v. Baldwin, 24 N. E. Rep. [Ind.], 347; Roisterer v. Carpenter, Id., 371; Smock v. Ripley, 62 Ind., 81; Ogborn v. Eliason, 77 Id., 394; Smith v. Silvers, 32 Id., 321; Farmers & Merchants National Bank v. Barton, 21 Ill. App., 403; Barry v. Guild, 28 Id., 50; Wood v. Winship Machine Co., 83 Ala., 424; Williams v. Flowers, 7 So, Rep. [Ala.], 439; Boutwell v. Steiner, 5 Am. St. Rep. [Ala.], 376;…

1Opinion of the CourtNorval, J.

This action was brought by the plaintiff and appellant in the district court of Holt county for the foreclosure of a mortgage on the N. W. J of section 15, town 28, range 13 west, executed by Benjamin F. Eyer and Hatta S. Eyer, his wife, on the 9th day of July, 1886, to secure the payment of a bond or note given by said Benjamin F., *510calling for the sum of $700 with seven per cent interest from date thereof. To the action, C. H. Tone ray, George W. E. Dorsey, the Fanners & Merchants National Bank of Fremont, and others were made defendants. A decree of foreclosure was rendered in an amount…

2Cases cited2 opinions

  1. Dow v. Updike Bros.Nebraska Supreme Court · 1881
  2. Rich v. StretchNebraska Supreme Court · 1875

3Cited by14 opinions

  1. Nebraska Nutrients, Inc. v. ShepherdNebraska Supreme Court · 2001
  2. American Physicians Insurance Co. v. HruskaSupreme Court of Arkansas · 1968
  3. City of Gering v. Patricia G. Smith Co.Nebraska Supreme Court · 1983
  4. Quinn v. GODFATHER'S INVESTMENTS, INC.Nebraska Supreme Court · 1984
  5. Nye-Schneider-Fowler Co. v. Bridges, Hoye & Co.Nebraska Supreme Court · 1915

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