Albright v. Mercer
Superior Court of Pennsylvania
Appeal, No. 105, April T., 1900, by defendant, in suit of D. M. Albright against A. H. Mercer, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1899, No. 400, on verdict for plaintiff. Opinion by Beaver, J. Orlady, J., dissents. Assumpsit.
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Appeal, No. 105, April T., 1900, by defendant, in suit of D. M. Albright against A. H. Mercer, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1899, No. 400, on verdict for plaintiff. Opinion by Beaver, J. Orlady, J., dissents. Assumpsit. At a constable’s sale of a laundry establishment title was taken by the attorney of the plaintiff in his own name and the purchase money paid by the attorney because of the inability of his client to make same; claims being made by others as to the leasehold and certain articles sold and purchased, the attorney purchased these outstanding claims and…
1Opinion of the Court
Opinion by
Beaver, J.,
An attorney at law cannot serve two masters. He cannot serve himself and his client at the same time, except as he serves himself through his client. He serves himself best who serves Ms client best. There can in this relation be no divided allegiance and no antagonistic interests. The jury has determined by its verdict that the relation of client and attorney existed between the plaintiff and the defendant not only at the time of the constable’s sale but subsequently until the final disposal of the leasehold interest and property to Jones & Laughlin. It is difficult to…