Selleck v. J. Pollock & Co.
Mississippi Supreme Court
Prom the chancery court of Noxubee county. Hon. T. B. Q-raham, Chancellor. Selleck & Bush were merchants in the town of Macon, Miss., and in December, 1890, finding themselves embarrassed with debts and unable to continue business, consulted with their attorney with a view to making an assignment.
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Prom the chancery court of Noxubee county. Hon. T. B. Q-raham, Chancellor. Selleck & Bush were merchants in the town of Macon, Miss., and in December, 1890, finding themselves embarrassed with debts and unable to continue business, consulted with their attorney with a view to making an assignment. They had assets to the nominal value of about $40,000, the actual value being much less, and their indebtedness exceeded $30,-000. It was agreed between Selleck & Bush and their attorney that the fee of the latter should be $1,500. Selleck & Bush executed to their attorney their note for $1,500,…
1Opinion of the CourtCampbell, C. J.
In Mattison v. Judd, 59 Miss., 99, we held that a direction in the deed of assignment to pay the just and proper charge of counsel for services about the assignment, was harmless as a ground of attack on it. In the same case it was said that a stipulation for the payment of counsel fees, which the assignors might thereafter become liable for in any litigation growing out of the assignment, would avoid it. The distinction is between counsel fees for services in making and maintaining an assignment, which may be provided for by an assignment, by including a proper fee earned by services…
2Cases cited1 opinion
- Mattison v. JuddMississippi Supreme Court · 1881
3Cited by5 opinions
- Bank of Little Rock v. FrankSupreme Court of Arkansas · 1896
- Harold J. Abrams v. United StatesCourt of Appeals for the Eighth Circuit · 1960
- Shideler v. FisherColorado Court of Appeals · 1899
- Patterson ex rel. Patterson v. AdamsMississippi Supreme Court · 1971
- Shideler v. FisherColorado Court of Appeals · 1899