Greenlee v. Mosnat
Supreme Court of Iowa
Appeal from Benton District Qourt.— IíoN. Obbd Cas-well, Judge. Action to recover money received by J. J. Mosnat, deceased, as attorney for plaintiff, on certain fire insurance policies placed in bis bands by plaintiff for collection. For defendant a settlement was pleaded in wbicb, as alleged, tbe full amount of tbe money received by Mosnat beyond bis reasonable fees as attorney for plaintiff bad been paid over Or accounted for.
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Appeal from Benton District Qourt.— IíoN. Obbd Cas-well, Judge. Action to recover money received by J. J. Mosnat, deceased, as attorney for plaintiff, on certain fire insurance policies placed in bis bands by plaintiff for collection. For defendant a settlement was pleaded in wbicb, as alleged, tbe full amount of tbe money received by Mosnat beyond bis reasonable fees as attorney for plaintiff bad been paid over Or accounted for. Tbe action was first commenced during the lifetime of Mosnat, and there was a judgment for plaintiff on a verdict in bis favor wbicb was reversed on appeal. See 116…
1Opinion of the CourtMcClain, J.
For the purpose of determining tbe question of law now submitted to us, it is sufficient to say that tbe issues of fact were as to whether there was an oral contract between plaintiff and deceased by wbicb deceased was to receive ten per cent, of the money collected for plaintiff on the insurance policies, and was therefore bound to account to plaintiff for all tbe money received by him as plaintiff’s *641attorney in excess of tbe agreed consideration, the claim of defendant being that no agreement as to the amount of the fee had been made; and whether a certain payment by check of deceased to…
2Cases cited15 opinions
- Neis v. FarquharsonWashington Supreme Court · 1894
- Probate of the Will of Wiltsey v. WiltseySupreme Court of Iowa · 1904
- Lanza v. LeGrand Quarry Co.Supreme Court of Iowa · 1904
- Burdick v. RaymondSupreme Court of Iowa · 1899
- McDonald v. YoungSupreme Court of Iowa · 1899
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3Cited by4 opinions
- Erwin v. FillenwarthSupreme Court of Iowa · 1912
- McKee v. LynchCalifornia Court of Appeal · 1940
- Bernard v. ReavesCourt of Appeals of Tennessee · 1943
- F. H. Bresler Co. v. BauerWisconsin Supreme Court · 1933