Wright v. Kansas City, Ft. Scott & Memphis Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Walter A. Powell, Judge. (1) The contract of the attorney and client is not void on the grounds of public policy, because it prohibits settlement without the attorney’s consent. Laws of Missouri, 1901, p. 46; Beagles v. Robertson, 135 Mo. App. 306; Lipscomb v. Adams, 195 Mo. 530; Young v. Transit Co., 109 Mo. App. 235; Curtis v. Railroad, 118 Mo.
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Appeal from Jackson Circuit Court. — Eon. Walter A. Powell, Judge. (1) The contract of the attorney and client is not void on the grounds of public policy, because it prohibits settlement without the attorney’s consent. Laws of Missouri, 1901, p. 46; Beagles v. Robertson, 135 Mo. App. 306; Lipscomb v. Adams, 195 Mo. 530; Young v. Transit Co., 109 Mo. App. 235; Curtis v. Railroad, 118 Mo. App. 345. (2) Because a contract contains a penalty ■ against its violation, the whole contract is not rendered void. Lawson on Contracts (2 Ed.), sec. 486; Sutherland on Damages (3 Ed.), sec. 283; 13 Cyc.…
1Opinion of the CourtBroaddus, P. J.
This is a suit to enforce an attorney’s lien for his fee.
The action is based on the following contract:
“I hereby employ George W. Wright, attorney to prosecute my claim against the Kansas City, Port Scott and Memphis Railroad Company, for injuries sustained by me on or about the 10th day of June, 1901, and I hereby agree to pay said attorney for his services a sum equal to fifty per cent of the amount recovered, either by suit or compromise. I further agree not to settle, compromise or otherwise dispose of said cause of action without the written consent of said attorney; and in case I…
2Cases cited4 opinions
- Lipscomb v. AdamsSupreme Court of Missouri · 1906
- Springfield Lighting Co. v. HobartMissouri Court of Appeals · 1902
- Beagles v. RobertsonMissouri Court of Appeals · 1909
- Kinion v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1890
3Cited by7 opinions
- Calvert v. StonerCalifornia Supreme Court · 1948
- Jackson v. StearnsOregon Supreme Court · 1911
- Swinney v. Continental Building Co.Supreme Court of Missouri · 1937
- Butler v. YoungWest Virginia Supreme Court · 1939
- Guardian Depositors Corp. v. CurrieMichigan Supreme Court · 1940
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