115 So. 629 | La. | 1928
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *387 This is a suit upon 64 promissory notes aggregating $6,215.57, divided into 16 series of four notes each; said four notes in each series maturing respectively in one, two, three, and four years. Said notes are now sued upon by a bona fide holder in due course, and were all executed (or assumed) by this defendant. All are of like date and tenor, except as to amount and reference to certificate number, and hence it will suffice to reproduce one of them, as follows:
*388"South Highlands, La., Oct. 24th, 1924. On or before Oct. 24th, 1925, I promise to pay to the order of the town of South Highlands, La., $219.35 with 6 per cent. annum interest (payable annually as per coupons attached) from Oct. 24th, 1924, and 10 per cent. additional on principal and interest if this note is placed in the hands of an attorney for collection after maturity, as per special paving assessment certificate hereto attached. [Signed] J.V. Wilkinson."
Which note is identified by the town clerk of South Highlands as note No. 1 of certificate No. C-5; and the "special paving assessment certificate" referred to and attached to said note, and signed by the aforesaid town clerk, reads as follows:
"Special Paving Assessment Certificate No. C-5. ($877.40). South Highlands, La., Oct. 24th, 1924. In accordance with Act 187 of 1920 of the General Assembly of the state of Louisiana and acts amendatory thereof, and an ordinance of the town of South Highlands, of date Oct. 24th, 1924, this certifies that $877.40 payable to the order of the town of South Highlands, La., with 6 per cent. interest per annum thereon (payable annually as per coupons attached) from Oct. 24th, 1924, is due by J.V. Wilkinson on property owned by himself fronting on Lawhon and Carlton streets in the town of South Highlands, and described as follows: Lot 1, block 24, F.H. subdivision; and is payable in four equal annual installments, as evidenced by the four promissory notes attached hereto maturing respectively in one, two, three, and four years from date, or sooner at the option of said J.V. Wilkinson."
We make mention of this, not only because it is appropriate to the case, but also because of its bearing on the question of attorney's fees.
The trial judge allowed attorney's fees on the whole amount of the debt both matured and unmatured. But without at present questioning the correctness of certain decisions permitting this to be done, nevertheless we do not think it can be done in this case; for, as will be observed from the reading thereof, the notes in this case provide for an additional 10 per cent. (as attorney's fees) only "if the note is placed in the hands of an attorney for collection after maturity." (Italics ours.) Hence we think that plaintiff cannot, under such a stipulation, recover attorney's fees on the unmatured installments. However, as two more installments have become due as above said, and said installments are now actually in the hands of the attorney for collection after maturity, we think plaintiff is entitled to recover attorney's fees on all but the still unmatured installment of each series. That is the only respect in which we see any occasion for amending the judgment. *391