Columbia Life Ins. v. Githens

BY THE COURT.

Clarence Githens brought suit against the Columbia Life Insurance Co. in the Montgom*414ery Common Pleas upon a certain policy which had matured. The only controversy is as to $350 which the company seeks to deduct from the amount of said insurance by reason of expenses for attorney’s fees in the foreclosure of a certain mortgage given by the beneficiary of the policy to the Company to secure a loan.

Attorneys — Marshall & Harlan for Company; Joseph D. Chamberlain for Githens; all of Dayton.

There was no provision in either the note or the mortgage for the payment of attorneys fees and…