Chapman v. Burt

Citations

• 77 Ill. 337

Syllabus

<p>1. New TjRiAL—the finding from the evidence. Where the evidence is contradictory, conflicting and irreconcilable, and that produced by the party in whose favor the jury find, when considered alone, and independent of the opposing testimony, clearly sustains the verdict, it will not be disturbed, unless it is manifest that the jury have mistaken the evidence, or have been governed by passion or prejudice. It is not sufficient that the whole evidence in such a case produces doubt as to which party was entitled to recover.</p> <p>2. Same—on ground of newly discovered evidence. After protracted litigation, and the submission of a cause to two juries, the court will not grant a new trial on the ground of newly discovered evidence, unless it is manifest that such evidence will change the result. Where such is not necessarily the case, or the new evidence is only cumulative, and by no means conclusive, a new trial will not be granted. •</p> <p>3. Attobhey at law—liability where he settles judgment without obtaining the money. Where an attorney at law settles a judgment recovered by him for his client, by allowing the same in payment of an account against himself, his client may repudiate his act and enforce the judgment, or he may ratify it, and sue the attorney for money had to his use.</p> <p>4. Same—of a demand of money collected, before suit. Ordinarily a demand is necessary before bringing suit against an attorney for money collected by him; but where it has been collected a long time, and its retention is unexplained, or where the party collecting it has converted it to his own use, no previous demand is necessary.</p> <p>5. Intebest—when recoverable on money collected. Where an attorney, collecting money belonging to his client, converts the same to 1ns own use, or is guilty of unreasonable delay in paying it over, he will be properly chargeable with interest.</p>