In re Keeton, Steele & Co.

Citations

• 126 F. 426

Syllabus

<p>1. Bills and Notes — Collection — Provisions for Attorney’s Pees — Validity.</p> <p>Under the laws of Texas, a stipulation in a note for the. payment of a reasonable attorney’s fee for collection is valid.</p> <p>3. Bankruptcy — Claims—Notes—Attorney’s Pees.</p> <p>Where a note of a bankrupt provided for a collection fee of 10 per cent. If suit was brought thereon, or if it was placed in the hands of an attorney for collection, or if collected through the probate court, and, though the note was due prior to the filing of a petition in bankruptcy by The makers, it was not placed in the hands of an attorney until after the filing of such petition, the claim for attorney’s fees was not a liability absolutely owing at the time of the filing of the petition, within Bankr. Act July 1,1898, c. 541, § 63, 30 Stat. 562 [U. S. Comp. St. 1901, p. 3447], and was therefore not provable against the bankrupt’s estate.</p> <p>11. See Bills and Notes, voL 7, Cent Dig. § 221.</p>