Pennsylvania Co. v. Thatcher

Citations

• 78 Ohio St. (N.S.) 175

Syllabus

<p>Equitable assignment to an attorney — Of proceeds in compromise of tort — Cannot be enforced by assignee, when — Notice by assignee to tort-feasor — Does not charge funds in his hands, when— Where compromise, fund is paid plaintiff — Assignee cannot recover from plaintiff or defendant, when — Law of assignment of claim.</p> <p>1. An equitable assignment to an attorney, of an interest in the proceeds of a compromise of a cause of action in tort, cannot be enforced in a suit at law at the instance of the assignee against the tort-feasor only. The P. C. C. & St. L. Ry. Co. v. Volkert et al., 58 Ohio St., 362, approved and followed.</p> <p>2. A notice by an attorney, to one liable on such a cause of action, that his client had assigned to him “a portion of whatever may be paid in suit or settlement for services to be rendered in connection with said claim,” is indefinite and insufficient to charge the fund in the hands of the tort-feasor, especially when it appears that the real transaction was an assignment of “an interest in the subject-matter of the claim equal to the fees” of the attorney as agreed.</p> <p>3. Where such a cause of action is compromised by the tort-feasor and the injured party in the absence of the attorney of the latter, before suit commenced, and the amount agreed on is paid over to the claimant, and the attorney, who claims an interest in the proceeds of the compromise, does not follow the fund into the hands of his client, but in consideration of payment of a part of the fee claimed by him agrees not to prosecute his client for the balance of his fee and agrees to prosecute the tort-feasor therefor, he thereby waives his right to recover against either.</p> <p>4. Where in such case the attorney obtained from his client possession of part of the money paid, for the purpose of counting the same, and thereupon said that he would keep the money and apply it on account, but on resistance and remonstrance on part of the client handed it back to the