Roe v. Smyth , 1937 N.Y. App. Div. LEXIS 5738 ( 1937 )

Taylor, J.

(dissenting). I dissent and vote to affirm. If we assume the validity of the agreement in the note to pay attorney’s fees, those contemplated are the fees incurred by the holder of the note at maturity, and not those incurred by an indorser in the position of the plaintiff. Cox v. Hagan (125 Va. 656, 680), announcing a contrary doctrine, should not be followed.