Merrick's v. Giddings

Citations

• 115 U.S. 300
• 6 S. Ct. 65
• 29 L. Ed. 403
• 1885 U.S. LEXIS 1841

Syllabus

<p>A State employed two attorneys to collect a claim, and agreed to pay them a certain percentage on any amount recovered by suit. They brought a suit and obtained judgment for the State upon the claim. The State employed another person as agent, to assist in its collection, and made an agreement with him to pay him a percentage which should cover ail attorney’s fees, already accrued, or to be afterwards incurred ; and afterwards modified this agreement in respect to the amount which ho -should receive if contingent fees should have to be paid to any other persons under contracts with them. This agreement and its modification were unknown to the two attorneys first employed by the State. The agent, knowing of the agreement of these attorneys with the State, promised them to hold any fund that he might collect until their fees should be paid by the State. He collected a large amount, and paid most of it.over to the State,.retaining in his hands, after deducting his own compensation, a sum iess than was due to them under their contract with the State. They made a final settlement with the State for this sum in discharge of all their demands against the State: Held, That they could not afterwards maintain any action against the agent, on his promise to them.</p>