Brahan v. First National Bank of Clarksville

Citations

• 72 Miss. 266

Syllabus

<p>1. Not®. Stipulation for attorney’s fee. -Validity.</p> <p>A stipulation in a note to pay ten per cent, commission in addition to principal and interest, if not paid at maturity, and' if collected by an attorney, is valid. Meacham v. Pinson, 60 Miss., 217; Byrich v. Bank, 67 Ib., 60.</p> <p>2. Same. Garnishment. Duty to pay into court.</p> <p>Where the maker of a note containing- such a stipulation is garnished in respect to the debt, and fails to pay into court the same, when due, he continues liable to an action on the note, and to pay the commission, if collection is made by an attorney; and this, although he pays promptly after being discharged as garnishee. Smith v. Bank, 60 Miss., 69.</p>