No. 195 | Pa. | Nov 3, 1890
We think the learned judge below was right in holding, under the facts of this case, that there must be a demand and refusal to pay, before the defendants in the judgment can be subjected to the payment of attorney’s commissions. This was the rule laid down in Johnson v. Marsh, 21 W. N. 570, where it was said: “ In the absence of satisfactory evidence of a demand for payment before entering the judgment and issuing the execution, we think the necessity of resorting to the services of an attorney for collecting the money does not appear, and, without proof of such necessity, the defendants ought not to be subjected to the payment of the commissions.” To the same point is Moore’s App., 110 Pa. 433" court="Pa." date_filed="1885-11-02" href="https://app.midpage.ai/document/moores-appeal-6238172?utm_source=webapp" opinion_id="6238172">110 Pa. 433.
The learned judge found that no demand for payment had been made, and as it was admitted that the debt, interest, and all costs, except attorney’s commissions, had been full}' paid, he ordered satisfaction to be entered upon the record of the judgment. In this there was no error. In Daly v. Maitland,
The order is affirmed.