Gunn v. Clendenin
Supreme Court of Alabama
Appeal from Henry Circuit Court. Tried before Hon. H. D. Clayton. This was a motion by the appellant for a summary judgment under the statute against the appellee, an attorney at law, for moneys collected by him as such attorney for and on account of the appellant.
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Appeal from Henry Circuit Court. Tried before Hon. H. D. Clayton. This was a motion by the appellant for a summary judgment under the statute against the appellee, an attorney at law, for moneys collected by him as such attorney for and on account of the appellant. The appellee answered, setting up in detail the services rendered by him for the appellant, and that there was a dispute between them as to the amount of his compensation, and averring that he had paid the money collected by him into court under section 3402 of the Code of 1876. The other facts are sufficiently stated in the…
1Opinion of the CourtStone, J.
The present controversy arose out of an engagement by the appellee, as attorney, to collect a promissory note, and the case was made to turn in the court below on the construction of a writing appended to the receipt given by the attorney. The receipt, after copying the note, is in the following language : “ Received the original note, of which the above is a copy, for collection or return, of N. M. Gunn, Abbeville, Ala. August 22d, 1866.—(signed) J. A. Clendenin.” Below this, on the same paper, and without signature, are the following words in the handwriting of the attorney : “ I collect…
2Cases cited8 opinions
- Lazarus v. ShearerSupreme Court of Alabama · 1841
- Drake v. GoreeSupreme Court of Alabama · 1853
- Mobile Marine Dock & Mutual Ins. v. McMillan & SonSupreme Court of Alabama · 1858
- Cowles v. Garrett's Adm'rsSupreme Court of Alabama · 1857
- McGehee v. RumpSupreme Court of Alabama · 1861
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3Cited by9 opinions
- Berk v. State Ex Rel. ThompsonSupreme Court of Alabama · 1932
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- Vann v. LunsfordSupreme Court of Alabama · 1890
- Sullivan v. Louisville & Nashville RailroadSupreme Court of Alabama · 1903
- Smith v. AikinSupreme Court of Alabama · 1883
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