95 Ga. 802 | Ga. | 1895
The controlling question in this case is, whether a promissory note is rendered non-negotiable by a stipulation to pay “all costs and ten per cent, on amount for counsel fees, if placed in the hands of an attorney for suit.” There is no prior decision of this court upon the
It was complained that the court erred in directing the jury to find in favor of the plaintiff the amount of attorney’s fees stipulated in the note, in addition to the principal and interest, the objection being'that there was no evidence to show that the note had ever been placed in an attorney’s hands for collection. We think the fact that the plaintiff was represented in this action by an attorney was sufficient, without further evidence, to authorize the court to so instruct the jury. See North Atchison Bank v. Gay, 21 S. W. Rep. 479.
Judgment affirmed.