Gramatan National Bank & Trust Co. v. Montgomery

The defendants in this action of contract to recover upon a promissory note were defaulted when the case was called for trial. Later at a hearing for the assessment of damages the defendants’ counsel made the limited contention that the plaintiff was not entitled to attorney’s fees. The judge denied the defendants’ requests for rulings, and found for the plaintiff for the amount due on the note with interest and attorney’s fees. The defendants excepted.

Reasonable attorney’s fees may be recovered on an overdue note which so provides. Leventhal v. Krinsky, 325 Mass. 336, 341. See G. L. (Ter.…