Hanson v. Crawford
Missouri Court of Appeals
Appeal from Greene Circuit Court.— Hon. James T. Neville, Judge, It is the settled law of this State that an attorney at law, has no authority as such, to compromise any claim of his client for less than the full amount.' It is equally well settled that an attorney, if empowered to do so, may mate a settlement binding his client. Bay v. Trusdell, 92 Mo.
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Appeal from Greene Circuit Court.— Hon. James T. Neville, Judge, It is the settled law of this State that an attorney at law, has no authority as such, to compromise any claim of his client for less than the full amount.' It is equally well settled that an attorney, if empowered to do so, may mate a settlement binding his client. Bay v. Trusdell, 92 Mo. App. 383. The court in holding that there was no consideration for this compromise agreement, evidently considered this an executory contract when, in fact, it was a thing d.one. The suit was settled; the money paid, and nothing left to be…
1Opinion of the CourtNortoni, J.
This is a suit on a promissory note. Plaintiff recovered and defendant appealed. Plaintiff owned and held the note against defendant for'many .years. It amounted at the time this suit was instituted to about $1,300. He finally placed it' in the hands of an attorney, authorizing* him to compromise the same at $200, payable in installments of $50 each. The attorney instituted suit on the note and then entered into an agreement with the defendant whereby the defendant agreed to pay, and the plaintiff, through his attorney agreed to accept $200 in installments of $50 each in full for the…
2Cases cited9 opinions
- Riley v. KershawSupreme Court of Missouri · 1873
- Willis v. GammillSupreme Court of Missouri · 1878
- O'Shea v. Collier White Lead & Oil Co.Supreme Court of Missouri · 1868
- Green v. SpencerSupreme Court of Missouri · 1834
- Harrison Bros. v. Murray Iron Works Co.Missouri Court of Appeals · 1902
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3Cited by2 opinions
- Bestor v. American National Stores, Inc.Missouri Court of Appeals · 1985
- Monett State Bank v. RathersSupreme Court of Missouri · 1927