Niagara Fire Insurance v. Hart

Citations

• 13 Wash. 651
• 43 P. 937
• 1896 Wash. LEXIS 109

Syllabus

<p>CONTRACT FOR ATTORNEY FEES — CONSTRUCTION — ASSIGNMENT OF CLAIM IN LITIGATION — ATTORNEY’S LIEN — ESTOPPEL.</p> <p>Where a written contract between attorney and client in respect to litigation with insurance companies over a certain loss by fire provided that tiie client should pay $500 as full payment of services, whether the case was lost or won, upon its final determination, and should pay an additional $500, making in all $1,000, in case judgment was obtained against the companies, ‘ ‘ these respective sums in either event, to he full compensation for all services growing out of or rendered in the insurance matter,” the attorney is not entitled to further compensation for litigating the matter in the supreme court, the contract, by its terms, covering all the work in all the courts.</p> <p>The fact that an attorney has knowledge of an assignment by his client of a claim which he is prosecuting to judgment, will not estop the attorney from claiming a lien upon the judgment recovered, when there has been no express waiver of the right of lien.</p> <p>(Gordon, J., dissents).</p>