National S. F. & B. Ass'n v. Waters
National S. F. & B. Ass'n v. Waters
Opinion of the Court
The court below was right in entering judgment for the office costs only, and excluding the attorneys’ commissions. The services of the latter were not needed for the collection of the
Judgment affirmed.
Reference
- Full Case Name
- NATIONAL S. F. & B. ASS'N v. S. D. WATERS
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- (a) The terre-tenant of real estate subject to a mortgage, being informed that payment was demanded, requested a statement. On August 30th, a statement was rendered marked, “ Good until September 11th.” On September 6th, a scire facias was issued, and on September 11th, the terre-tenant paid the debt and interest, the costs to be adjusted in the pending suit: 1. Under a fair and reasonable construction of the statement, the terretenant had until September 11th to pay; and the issuance of the scire facias, prior thereto, being unnecessary as well as a breach of faith, the mortgagee was not entitled to recover attorneys’ commissions provided for in the mortgage on default of payment.*