Washington Reports Volume 35
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...for King county, Bell, J., entered June 16, 1903, upon the verdict of a jury rendered in favor of the plaintifi, in an action for conversion. Reversed. Balli/nger, Ronald cfi Battle, for appellant. James A. Snoddy, for respondents. HADLEY, J.--Respondents, being husband and wife, brought this suit as plaintifls against appellant as defendant. They allege, that the defendant is an attorney at law and a member of the bar of Washington; that the wife plaintiff employed defendant, as such attorney, to collect for her a sum of $165, due to her upon a note and mortgage from one Meyer; that he collected thereon $17 5 principal and interest, and $15 as attorney's fees, but has refused to pay the same to said plaintifi, and has converted it to his Own use. It is further alleged that, while defendant was employed by the Wife plaintiff as the latter's attorney in an Opinion Per Banner, J. 35 Wash. action to procure a divorce for her from her said husband, a certain note and mortgage for $400, belonging to said wife, came into the possession of the defendant by and through his said employment, and which he promised to return to said wife; that he sold said note for the sum of $200, and converted the proceeds to his own use. Judg-ment is demanded for $37 5. The answer first denies the material allegations of the complaint, and then afiirmatively avers, that said wife em--ployed defendant to institute for her an action for divorce from her said husband, and for the recovery of alimony, which suit was brought by him; that said wife agreed to pay defendant, as a fee for his services, one-third of the amount of money and property which should be allowed by the court as alimony, or, in the event of a settlement in any manner, such sum was to be...
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