Page:Federal Reporter, 1st Series, Volume 2.djvu/773

 766 FEDERAL REPORTER. �The right of the bank to attorney's commissions was not conditioned upon the issuing of execution upon default in pay- ment. It had the clear right to enter judgment therein, includ- ing such commissions. Does the judgment, as confessed, include the attorney's commissions? Undoubtedly it does. Schmidt and Friday's Appcal, 1 Norris, 524. The judgment is for the penalty of the bond, viz., $40,000, and is to be sat- isfied only on payment of the real debt, $20,000, with interest from May 1, 1877, (at the rate the bank was authorized to chai-ge,) "and 5 per centum attorney's commissions." The attorney's commissions are as much included in the judgment as is the interest, and as easily computed. Id. �A stipulation in a bond, or other instrument for the pay- ment of money, that in case of the neeessity of a resort to a suit the debtor shall pay and the crediter may recover a per centage as attorney's commissions, has been sustained by repeated decisions of the supreme court of Pennsylvania, beginning with Huling v. Drexel, 7 Watts, 126, and ending with Daly v, Maitland, 7 Norris, 384. In this latter case, indeed, it was held that the specified commissions are under the control, and may be reduced at the discretion, of the court. i In the present case the Dollar Savings Bank does not insist upon the full 5 per centum commissions, but asks the reasonable allowance of 2 per centum only on the principal debt of $20,000. It is, therefore, not necessary now to de- termine whether, in the distribution of a fund raised by a judicial sale of real estate, the right of a judgment crediter to the attorney's commissions specified and included in the judgment may be called in question collaterally, and reduced if deemed excessive. �And now, to-wit, May 24, 1880, the exceptions filed by the Dollar Savings Bank to the report of the register are sus- tained, and the court allow the attorney's commissions on its judgment asked for by the bank, viz. : the sum of $400, or 2 per centum on the principal ($20,000) of said judgment, and it is ordered that said sum of $400 be paid by the assignees of the bankrupt to said bank. ����