Hildreth

This is an appeal from a judgment in favor of plaintiff for $350, as an attorney’s fee in an action in equity to enforce a pledge upon certain stocks given to secure the payment of a promissory note made by defendant to plaintiff for $3,500. The case comes up on the judgment-roll. The promissory note was in the usual form, with this addition: “And I further agree that, in the event of suit being brought against me, then there shall be added to any judgment against me, rendered in said suit, as counsel fees, -an additional sum of- per centum, in like gold coin, upon *142 the amount of the principal and interest hereof accrued at the time of the entry of such judgment, or if paid before judgment, and after action commenced, then on the amount at the date of payment.” The only defense was as to the right of plaintiff to recover the counsel fee claimed in his complaint, and at the trial the amount claimed on the note, less counsel fees, was paid by defendant, and a stipulation filed that such payment should in no wise affect the question of plaintiff’s right to recover counsel fees.

The whole right to recover counsel fees, in this state, is found in statute, or in contract: Sichel v.…