Lindley v. Ross

Citations

• 137 Pa. 629
• 20 A. 944
• 1890 Pa. LEXIS 1006

Syllabus

<p>1. An attorney’s fee for collection, usually inserted in judgment obligations. is in the nature of a penalty, not liquidated damages, and its enforcement is a matter within the control of the court in the exercise of its equity powers: Daly v. Maitland, 88 Pa. 384; Imler v. Tmler, 94 Pa. 372/</p> <p>2. In the absence of a demand made for payment, before entering judgment upon such an obligation, the necessity of resorting to the services of an attorney does not appear, and the defendant should not be subjected to the payment of attorney’s commissions: Johnson v. Marsh, 21 W. N. 570.</p> <p>3. This rule applies, although the note was left in the hands of an attorney, and before the entry of judgment the defendant was informed of that fact, and that if he desired to make payment on the note he should call upon the attorney to do so.</p>