NEW FINANCE, LTD. v. ELLIS

6 Div. 283.

225 So.2d 782 (1969)

NEW FINANCE, LTD. v. Martha ELLIS.

Court of Appeals of Alabama.

Rehearing Denied June 17, 1969.


Attorney(s) appearing for the Case

Wingo, Bibb, Foster & Conwell, Birmingham, for appellant.

J. Vernon Patrick, Jr., of Berkowitz, Lefkovitz, Vann, Patrick & Smith, Birmingham, for appellee.

Irwin W. Coleman, Jr., of Lyons, Pipes & Cook, Mobile, amicus curiae, in behalf of appellee.


PRICE, Presiding Judge.

New Finance, Ltd., brought suit against Martha Ellis on a loan contract executed under the Alabama Small Loan Act. The trial court awarded judgment in favor of defendant and plaintiff has appealed.

The stipulated facts show that appellant, a licensee under the Alabama Small Loan Act, loaned a sum of money to appellee. The loan contract, supplied by the lender, contained a provision whereby appellee agreed to "pay all expenses of collection...

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