Jarvis v. Stoffal

Citations

• 54 Pa. Super. 362
• 1913 Pa. Super. LEXIS 69

Syllabus

<p>Mortgages — Attorney’s commissions — Discretion of court — Appeals.</p> <p>1. Stipulations for the payment of attorney’s commissions in mortgages and other securities are subject to the equitable control of the court, and will be enforced only to the extent of compensating the plaintiff for reasonable and necessary expenses of collection.</p> <p>2. The presumption, on appeal, is always in favor of the decision of the common pleas upon such a question and its action, whether striking off, reducing, or refusing to strike off, or reduce the attorney’s commissions, will not be set aside unless this is so plainly erroneous as to amount to an abuse of discretion.</p> <p>3. Where an attorney merely enters up a bond accompanying a mortgage for $2,000, and performs no other service, a fee of $50.00 allowed him by the court of common pleas, will not be increased by the appellate court.</p>