Joyce v. Miami County National Bank

Citations

• 90 Kan. 745
• 136 P. 232
• 1913 Kan. LEXIS 300

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Collection Agent — Contingent Fee — Fee Recovered Not Unreasonable. A bank delivered notes which had long been charged to profit and loss to -an attorney under an agreement that if they could be collected or secured the bank would pay him a “lively fee,” since whatever the bank received would be clear gain. The attorney expended time, labor, skill and judgment in a diligent effort to realize on the notes, and then in an effort to secure judgment on them without publicity and with little expense. After securing judgment by default 'he discussed with the bank on different occasions the best course to pursue and prompted the issuance of an execution. After that the bank ceased to consult him, kept the judgment alive itself, and eleven years after the date of rendition compromised it and satisfied it of record. Held, the attorney was entitled to compensation for his services, and that a verdict, supported by substantial testimony, for fifty per cent of the proceeds of the collection is not unconscionable.</p> <p>2. Attorney — Compensation Contingent on Collection — Statute of Limitations. The right of the attorney to compensation being contingent on collection^ no cause of action arose in his favor until the collection was made and the statute of limitations did not begin to run against his claim for fees until that time.</p>