City National Bank & Trust Co. v. American National Bank

Dissenting Opinion.

Tremain, J.

I recognize the general rule that an attorney cannot recover fees for services from one who has not employed him or authorized his employment although the services may have been beneficial to such person. The latest decision of this court upon that subject is Garvin v. Rappaport (1940), 216 Ind. 471, 25 N. E. (2d) 249.

The attorneys for whose benefit the judgment of the lower court inured were employed by the American National Bank of Indianapolis and the First National Bank at Orlando, Florida, trustees of certain shareholders who owned a few units of stock of…