NEW FINANCE, LTD. v. ELLIS

6 Div. 729.

225 So.2d 784 (1969)

Ex parte New Finance, Ltd. In re NEW FINANCE, LTD. v. Martha ELLIS.

Supreme Court of Alabama.

August 7, 1969.


Attorney(s) appearing for the Case

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

J. Vernon Patrick, Jr., Berkowitz, Lefkovits, Vann, Patrick & Smith, Birmingham, opposed.


HARWOOD, Justice.

The sole question presented on this review is:

Does Act No. 374 of the 1959 Regular Session of the Legislature of Alabama (Acts of Alabama, 1959, pp. 966-984) known as the Alabama Small Loan Act, prohibit a licensee under such Act from incorporating in a note evidencing a loan, a provision that the borrower will pay "all expenses of collecting this note, with or without suit, including a reasonable attorney's fee, paid to the lender's attorney...

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