Montgomery County Law Reporter

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Edwin Stapler, et nl., Taxpayer , and representing the Taxpayers' Protective League of Abington Township Complainants, v. The Board of Commissioners of Abington Township and the Former Board of Commissioners for the term ending the first 'Monday in January, 1914. And now, May 4, A. D. 1914, after a careful...
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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Edwin Stapler, et nl., Taxpayer , and representing the Taxpayers' Protective League of Abington Township Complainants, v. The Board of Commissioners of Abington Township and the Former Board of Commissioners for the term ending the first 'Monday in January, 1914. And now, May 4, A. D. 1914, after a careful consideration of the bill, answer, evidence, argument, and briefs of counsel, it is ordered, adjudged and decreed that our findings and conclusions of law be filed with the prothonotary who will enter a decree nisi, that the bill be dismissed, the costs to be paid out of the treasury of the Township of Abington, and if no exceptions are filed, as provided by the equity rules, the prothonotary will enter a final decree accordingly as of course. By the Court. QJmtrt of fHntttiuutirry Countg Estate of Edward Harris Burling, Deceased The general principle underlying cases in which usury Is alleged ti exist because of a commission or bonus paid to the agent of the lender is that whenever, under the rules of law governing principal and agent, the act of the agent in exacting such payment is deemed to be expressly or impliedly authorized or ratified by the lender, he is charged with responsibility therefor, and the loan is usurious. But when the payment made cannot be so charged to the principal, no usury inheres in the loan, however oppressive may have been the conduct of the agent. The obvious intention of'a stipulation for the payment of attorney's fees or commissions for collection Is, that the creditor shall be Indemnified for his reasonable expense of counsel fees in collecting the money. The contract is one of indemnity and the defendant becomes liable by his neglect or refusal to pay. Reasonable compensation can only be recovered, however, and the amount...