Cotton v. Sharpstein
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaulcee County. Tbe first count in tbe complaint in tbis case alleged tbat tbe plaintiff employed tbe defendant, wbo was an attorney at law, to collect certain money due to tbe plaintiff from tbe United States, and gave bim a power of attorney for tbat purpose; tbat tbe defendant, as sucb attorney, collected of said money tbe sum of $1,708 53, and paid to tbe plaintiff $708 53, but tbougb often requested, bad not accounted for or paid to…
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APPEAL from tbe County Court of Milwaulcee County. Tbe first count in tbe complaint in tbis case alleged tbat tbe plaintiff employed tbe defendant, wbo was an attorney at law, to collect certain money due to tbe plaintiff from tbe United States, and gave bim a power of attorney for tbat purpose; tbat tbe defendant, as sucb attorney, collected of said money tbe sum of $1,708 53, and paid to tbe plaintiff $708 53, but tbougb often requested, bad not accounted for or paid to tbe plaintiff tbe residue of said sum, wbicb, with interest, was still due and owing from tbe defendant to tbe plaintiff.…
1Opinion of the Court
By the Court,
Paine, J.
This appeal presents tbe question whether an attorney who has been employed to collect a claim, and who, after collecting it, converts the proceeds to his own use, is liable to be arrested and held to bail in a civil action. Eor whether or not the first count in the complaint accurately alleges a conversion, the second count expressly does so, and the question was decided by the court below, not upon any insufficiency in pleading a conversion, but upon the broad ground that by reason of the relation between attorney and client, the claim sought to be recovered was one…
2Cases cited4 opinions
- Vasse v. SmithSupreme Court of the United States · 1810
- McMorris v. SimpsonNew York Supreme Court · 1839
- In re MowryWisconsin Supreme Court · 1860
- Bredin v. KinglandSupreme Court of Pennsylvania · 1835
3Cited by18 opinions
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Pauly v. KeeblerWisconsin Supreme Court · 1921
- Ex parte HardySupreme Court of Alabama · 1880
- Supervisors of Kewaunee County v. DeckerWisconsin Supreme Court · 1872
- Baker v. StateWisconsin Supreme Court · 1882
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