Bank of Collins v. Miller

Citations

• 110 Miss. 871
• 71 So. 12

Syllabus

<p>Attorney and Client. Suit for fee. Decree.</p> <p>Where two attorneys had recovered judgment for a client against a lumber company and the sureties on its bond of which judgment they were entitled to a part as attorney fees, and the lumber company paid the amount of the judgment to a bank and said bank paid over to one of the attorneys, D. all of the other attorney M’s part of such judgment except three hundred dollars which money so paid said attorney remitted to his associate M. The bank claimed that the attorney D owed it three hundred dollars and, with the consent of D, credited this amount upon the debt owing it by D, who thereupon marked the judgment satisfied of record. In such case where the attorney M sued his associate «and the lumber company and the hank for the three hundred dollars not paid him, he could only recover against the bank which was in possession of the money.</p>