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WASHINGTON TRUST COMPANY v. FATONE

No. 639-Appeal.

256 A.2d 490 (1969)

THE WASHINGTON TRUST COMPANY, v. Nicola A. FATONE, a.k.a. Nicolo A. FATONE et al.

Supreme Court of Rhode Island.

August 8, 1969.

Attorney(s) appearing for the Case

Norbert Fessel, Providence, for plaintiff.

Cappuccio & Cappuccio, Louis B. Cappuccio, Westerly, for defendant,

OPINION

PAOLINO, Justice.

This appeal raises the following questions:

1. Does recovery of judgment and satisfaction of execution for principal, interest and taxable costs from the maker of a promissory note who has not expressly agreed to pay counsel fees incurred in collecting said note after default preclude the holder from recovering judgment for such counsel fees from an indorser who has expressly agreed...

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