Kinsey v. Stewart
Texas Supreme Court
Appeal from. San Augustine. Motion against appellant for refusing to pay over money collected. The question was whether the defendant was entitled to retain commissions for collecting the amount referred to in the following order. San Augustine, Oct. 20th, 1850. To Messrs. Kinsey & Henderson.
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Appeal from. San Augustine. Motion against appellant for refusing to pay over money collected. The question was whether the defendant was entitled to retain commissions for collecting the amount referred to in the following order. San Augustine, Oct. 20th, 1850. To Messrs. Kinsey & Henderson. You will please pay over to Charles Stewart, agent of Coleman & Sims, for the use of said Coleman & Sims, whatever money may be hereafter collected from William Hollis and Elizabeth his wife, and James B. Johnson and James Perkins, or either of them, upon a judgment heretofore rendered in the District…
1Opinion of the CourtWheeler, J.
The only question is as to the effect of the acceptance of the order, directing the attorneys to pay over to the plaintiff’s appointee, the proceeds of the judgment when collected; that is, whether the acceptance of the order amounted to a waiver of the attorney’s right to retain their collecting fee, and an undertaking on their part to pay over, when collected, not only the money which the plaintiff in the judgment would be entitled to receive, but that also which the attorneys had a right to retain as a compensation for their services, rendered and to be rendered, in the case. And such, we…
2Cited by2 opinions
- In Re PaschalSupreme Court of the United States · 1871
- Casey v. MarchTexas Supreme Court · 1867