Boyd v. G. W. Chase & Son Mercantile Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Henry M. Barney, Judge. (1) The court by its finding and judgment found that the proceeds of the settlement were represented by an amount found by adding to the amount paid in settlement of each case, the amount due- to the attorney as shown by his contract.
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Appeal from Buchanan Circuit Court. — Hon. Henry M. Barney, Judge. (1) The court by its finding and judgment found that the proceeds of the settlement were represented by an amount found by adding to the amount paid in settlement of each case, the amount due- to the attorney as shown by his contract. In this, the trial court’s finding was opposed to the true spirit of the statute, and it has been so held by the Supreme Court and the St. Louis Court of Appeals, as shown by the following cases: Yonge v. Transit Co., 109 Mo. App. 236; O’Con-nor y. Transit Co., 198 Mo. 622; Taylor v. Transit Co.,…
1Opinion of the CourtBroaddus, P. J.
The plaintiff states two different causes of action in his petition.
The fact in'relation to the first count or cause is as follows: The plaintiff as an attorney at law brought suit for Anna May Dakin (now Conroy) to recover damages in the sum of $30,000 for injuries she sustained on account of the alleged negligence of the defendant corporation while she was in its employ and recovered *117judgment for $5,000, which on appeal to the Supreme Court wag reversed and remanded for a new trial. On the trial, it was admitted that plaintiff had a contract with his client by which he was to receive…
2Cases cited2 opinions
- Kirkpatrick v. PeaseSupreme Court of Missouri · 1907
- Curtis v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
3Cited by6 opinions
- Desaman v. Butler Bros.Supreme Court of Minnesota · 1912
- Whitecotton v. St. Louis & Hannibal Railway Co.Supreme Court of Missouri · 1913
- Elliott v. Wabash Railway Co.Missouri Court of Appeals · 1921
- Hurr v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1910
- Stephens v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1911
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