Williams v. Dockwiller

Citations

• 19 N.M. 623

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where the question as to the amount of recovery by plaintiff as attorney’s fees upon a suit filed to foreclose a real estate mortgage, securing the payment of a promissory note for approximately $10,000; is submitted to the court, upon conflicting evidence, and the court awards the sum of $500, and the award is sustained by the evidence, the same will be upheld on appeal, in the absence of evidence showing oppression or collusion. 626</p> <p>2. In cases tried before the court the erroneous admission of testimony will afford no ground for reversal unless it is apparent that the court considered such testimony in deciding the case. . P. 632</p> <p>3. Where a promissory note provides for the payment of a reasonable attorney’s fee, if suit be brought on the note, or if attorneys are employed to collect the same upon default in the jpayment of the note, -or other condition broken, and the note is placed in the hands of attorneys for collection, the payee of the note is entitled to recover from the payor such sum, as attorney’s fees, as he has paid, or become liable to pay, to the extent of the reasonable value of such services, whether the note is paid in cash, or a new note is executed in lieu of the past due obligation. P. 633</p>