Watson v. Motley
Supreme Court of Alabama
Appeal from City Court of Gadsden; John H. Dlsque, Judge. Assumpsit by L. C. Watson, as trustee, against George D. Motley. Judgment for defendant, and plaintiff appeals.
Read the full summary
Appeal from City Court of Gadsden; John H. Dlsque, Judge. Assumpsit by L. C. Watson, as trustee, against George D. Motley. Judgment for defendant, and plaintiff appeals. The pleas interposed were the statute of limitations of two years, and that the bankrupt estate of which plaintiff is the trustee was closed, and the trustees discharged on or about February, 1910, and that defendant was the attorney for F. P. Duncan, and that the money was received by him as such attorney after defendant had recovered same from said Duncan, under a contract by which defendant was to receive 50 per cent, of…
1Opinion of the CourtMayfield, J.
Appellant, as trustee in bankruptcy, sued appellee as an attorney of the bankrupt, seeking to recover money which the attorney collected as the proceeds of a judgment which the bankrupt had recovered as damages and costs in an action of ejectment. The only counts were one for money had and received, and another in trover for conversion of the funds.
The defendant interposed the general issue, and several special pleas setting up the facts under which the money was collected by the defendant and paid over to the bankrupt, except that retained by him as compensation for his services as attorney…
2Cases cited1 opinion
- Duncan v. WatsonSupreme Court of Alabama · 1916
3Cited by15 opinions
- DeMoville v. Merchants & Farmers BankSupreme Court of Alabama · 1936
- Santistevan v. Centinel Bank of TaosNew Mexico Court of Appeals · 1980
- McAulton v. SmartHawaii Supreme Court · 1973
- Neuberger v. FelisSupreme Court of Alabama · 1919
- Kibbe v. ScholesSupreme Court of Alabama · 1929
10 more not listed; retrieve them via the Exa API.