Scott v. Carl

Citations

• 24 Pa. Super. 460
• 1904 Pa. Super. LEXIS 209

Syllabus

<p>Judgment — Mortgage—Attorney’s commissions — Discretion of court.</p> <p>While stipulations for the payment of attorney's commissions in mortgages and other securities are valid, they are, nevertheless, 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 and where a debtor has been misled by his creditor or thrown off his guard, it is not an unreasonable exercise of the equitable power of the court to refuse any allowance for attorney’s commissions; but to justify such action the defendant should attest his sincerity and good faith by promptly paying or tendering the amount of debt and interest, exclusive of commissions. In general the appellate court will not review the exercise of a sound discretion by the lower court upon such a question, and the presumption will always be in favor of its discretion unless it is plainly excessive.</p>