Page:Federal Reporter, 1st Series, Volume 7.djvu/818

 80& FaDE&lL BEPOBTKB. �proposition was assented to. The company af terwards insisted upon a modification of the agreement so far as to make the amount of the loan $1,000 instead of $2,000 ; but it is, I think, clear from the proof that nO loan of any amount would have been made if the respondent had refused to take the insurance and permit the premium ($285) to be retained in advanee from the sum loaned. It is e(jually clear that the respondent would have deolined to take the insurance but for the offer with it, and as a part of the same transaction, of a loan. Indeed, it is manifest that the insurance was demanded as an additional consideration, and more or less valuable, for the loan. This being the case, clearly, within the rule above stated, the complainant is entitled only to decree for balance due on the principal of the debt, and must pay the costa. ���WiLsoN Sewing Machine Co. v. Moeeno and others. �(Gircuit Court, D. Oregon. August 18, 1879.) �1. STIPUI/ATION fok \s Attoekbt Fee. �A stipulation to pay a reasonable attomey fee to the plaintiff in case a promissory note or other contract is not performed according to its terms, and the party entitled to demand such performance is compelled to enforce it by law, is just and valid. �Motion for Judgment. �Cyrus Dolph, for plaintiff. �Thomas N. Strong, for defendants. �Deadt, D. J. On September 1, 1877, the defendant Moreno, with four others as bis sureties, executed and delivered a bond to the plaintiff in the penal sum of $1,000, conditioned for the payment of all indehtedness on the part of Moreno to the plaintiff; and on November 23, 1877, said Moreno, with two others as his sureties, executed and delivered another bond of the like amount and condition to the plaintiff. These actions are brought upon these two bonds to recover an amount alleged to be due from said Moreno for goods, wares, ��� �