Mael v. Stutsman
Oregon Supreme Court
From Coos: John S. Coke, Judge. Statement by Mr. Justice Moore. This is an action C. D. Mael against E. F. Stutsman, A. H. Stutsman and H. C. Medley to recover money.
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From Coos: John S. Coke, Judge. Statement by Mr. Justice Moore. This is an action C. D. Mael against E. F. Stutsman, A. H. Stutsman and H. C. Medley to recover money. The complaint alleged that about July 2, 1909, the defendants executed to plaintiff a promissory note for $607.50, payable in 90 days, with interest after date until paid at the rate of 10 per cent per year; that the note provided that, if an action should be instituted thereon, the defendants would pay such additional sum as the court might adjudge reasonable as attorney’s fees; that no part of the note has been paid; and that…
1Opinion of the CourtJustice Moore
It will be rembered that an issue existed respecting the reasonableness of the attorney’s fees demanded. Without receiving any testimony on this controverted question, and in the absence of any stipulation as to what sum would have been reasonable as attorney’s fees, judgment was .given for $100 as suitable for that purpose.
1. The defendants were entitled to a trial of this issue in failing to grant which an error was committed. Cox v. Alexander, 30 Or. 438 (46 Pac. 794); First National Bank v. Mack, 35 Or. 122 (57 Pac. 326); Lassas v. McCarty, 47 Or. 474 (84 Pac. 76).
In view of the…
2Cases cited5 opinions
- Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
- Lassas v. McCartyOregon Supreme Court · 1906
- Cox v. AlexanderOregon Supreme Court · 1896
- Steiger v. FronhoferOregon Supreme Court · 1903
- First National Bank v. MackOregon Supreme Court · 1899
3Cited by5 opinions
- State Highway Commission v. KendrickOregon Supreme Court · 1961
- Kruse v. BushOregon Supreme Court · 1917
- Koehler v. DennisonOregon Supreme Court · 1914
- Olson v. BolingOregon Supreme Court · 1927
- Columbia River Door Co. v. ToddOregon Supreme Court · 1918