EAC CREDIT CORPORATION v. WILSON

No. 7120SC535.

183 S.E.2d 859 (1971)

12 N.C. App. 481

EAC CREDIT CORPORATION v. Frederick M. WILSON and Helen A. Wilson.

Court of Appeals of North Carolina.

October 20, 1971.


Attorney(s) appearing for the Case

Thomas & Harrington by L. E. Harrington, Monroe, for plaintiff appellee.

Powe, Porter & Alphin, P. A. by James G. Billings, Durham, for defendant appellants.


VAUGHN, Judge.

On the first occasion that the question was presented for review, the Supreme Court of North Carolina held that provisions calling for a debtor to pay attorney's fees incurred by a creditor in the collection of a debt were contrary to public policy and, therefore, unenforceable. Tinsley v. Hopkins, 111 N.C. 340, 16 S.E. 325. The prohibition against the enforcement of such provisions in negotiable instruments was subsequently made statutory. C.S. §...

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