Legal Opinion

Henry v. Vance

Court of Appeals of Kentucky

Decided May 29, 1901PublishedCited by 16 opinions

Case 8 — Action to Recover Attorney’s Fee APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for Plaintiffs and Defendant Appeals. POINTS AND AUTHORITIES.' 1. As between an attorney and his client, transactions are fraudulent and void, which as between others are legitimate and proper. 3 Am. & Eng. Enc. Law, 2d ed., 332; Darlington’s Estate, 30 Am. St. R., 776; 1 Perry on Trusts, 206; 1 Story’s Eq., 310, 311, 312; Yardley v. Cuthbertson, 108 Pa. ,St., 395, and 56 Am.

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Case 8 — Action to Recover Attorney’s Fee APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for Plaintiffs and Defendant Appeals. POINTS AND AUTHORITIES.' 1. As between an attorney and his client, transactions are fraudulent and void, which as between others are legitimate and proper. 3 Am. & Eng. Enc. Law, 2d ed., 332; Darlington’s Estate, 30 Am. St. R., 776; 1 Perry on Trusts, 206; 1 Story’s Eq., 310, 311, 312; Yardley v. Cuthbertson, 108 Pa. ,St., 395, and 56 Am. Rep., 218; Stockton v. Ford, 11 Howard, 232; 1 Cox., 125; 2 Yesey, 203; 9 Vesey, 292-296. 2. If an attorney deceive his client, or…

1Opinion of the Court

*75Opinion of the court by

JUDGE O’REAR

Reversing.

Appellees are lawyers, practicing under the firm name stated, at Henderson, Ky. Appellant, Mrs. Helen Henry, and her sisters Elizabeth Spidel and Isabella Gayle, lived at Henderson, Ky., and appear to have been people of quite moderate circumstances, and had always been so. Appellant was about 63 years eld. A contract of employment, executed by appellant and her sisters, retaining the legal services of appellee firm in the matter of recovering the interest of these women in an estate in Nova Scotia in which they were entitled to participate, was…

2Cases cited6 opinions

  1. Western Union Telegraph Co. v. SemmesCourt of Appeals of Maryland · 1890
  2. Quint v. Ophir Silver Mining Co.Nevada Supreme Court · 1868
  3. Moore v. RobinsonIllinois Supreme Court · 1879
  4. Scobey v. RossIndiana Supreme Court · 1854
  5. Carey v. GnantNew York Supreme Court · 1871

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3Cited by16 opinions

  1. Price v. Western Loan & Savings Co.Utah Supreme Court · 1909
  2. Harbison-Walker Refractories Co. v. McFarland's AdministratorCourt of Appeals of Kentucky · 1913
  3. Gordon, Huffaker & Garnett v. MorrowCourt of Appeals of Kentucky · 1920
  4. Miller v. SolomonAppellate Court of Illinois · 1964
  5. Southworth v. RosendahlSupreme Court of Minnesota · 1916

11 more not listed; retrieve them via the Exa API.

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