Vickery v. McClellan

Citations

• 61 Ill. 311

Syllabus

<p>1. Attorney—authority io discharge judgment. Where desperate claims are put into the hands of an attorney for collection, with information that the defendant can not pay anything and that the plaintiffs had offered to take sixty cents on the dollar, and witli instructions to take the claims and do the best he can witli'them, but giving him no specific directions, such instructions fully authorize the attorney, after judgment, aud execution returned no property found, to settle the claims and discharge the judgment upon the receipt of fifty cents on the dollar.</p> <p>2. Settlement—ratification unnecessary. Although an attorney, by virtue of his general character as such, has no power to discharge his client’s judgment by receiving a less amount or anything but money in satisfaction thereof, yet, where he has a special authority so to do, and does it, no subsequent ratification is necessary.</p> <p>3. Judgment—how discharged. Where an attorney has authority to discharge judgments for less than the full amount, and in doing so makes an assignment thereof without recourse, to a third party, entering on the docket receipts for the amount paid as per assignment, instead of an entry of discharge, his clients can not complain, for the acceptance of the money by authority is a satisfaction of the judgments as to them.</p>