Harlan F. Stone

“ Whether this liability for an attorney's fee, assumed by entering into an insurance contract after the enactment of the statute providing for the liability, may be enforced in the federal courts does not depend on any nice distinctions which may be taken between the right created and the remedy given. Disregarding mere matters of form it is clear that it is the policy of the state to allow plaintiffs to recover an attorney's fee in certain cases, and it has made that policy effective by making the allowance of the fee mandatory on its courts in those cases. ”

“ The bond, required by statute, was conditioned on the payment by the bank, on the order of the county treasurer, of all sums of money deposited with it by the county. The bank became insolvent and closed its doors when the county deposits amounted to $35,395.70. The present suit was brought in the district court of Sioux county, Nebraska, to recover from the surety the amount of the bond and a reasonable attorney's fee, under Comp. Stat. ”

“ It is said that the fee customarily allowed in Nebraska is not less than 10 per cent. of the amount involved, O'Shea v. North American Hotel Co., 111 Neb. 582, 197 N. W. 385; Wirtele v. Grand Lodge, 111 Neb. 302, 196 N. W. 510; Central Nebraska Millwork Co. v. Olson & Johnson Co., 111 Neb. 396, 196 N. W. 707; and that as directed by the statute an additional fee should be allowed here for the appeal in the Circuit Court of Appeals and to this court. The District Court, in allowing $3,000, apparently assumed that the full amount of the bond, $30,000, was involved. ”