4 Watts 420 | Pa. | 1835
• The opinion of the Court was delivered by
—The declaration contains two counts, charging the defendant, first, as bailiff, and second^, as receiver. The plaintiff in error assigns four errors: that the relation of counsel and client will not sustain an action of account render; that there is no privity of contract between the parties ; that the court charged the jury that when an attorney receives money for his client, and neglects or refuses for a length of time to render an account of it, and his client is compelled to have recourse to a suit to recover his money, such attorney forfeits all right to claim any deduction as compensation for his services; and that the evidence does not support the counts in the declaration. I will examine each of the errors in their order.
First; that the relation of counsel and client will not sustain an action of account render. It was in evidence before the jury, that the plaintiff placed certain claims against various individuals in the hands of the defendant, who, at the time, was a practising attorney, for collection, part of which, it is admitted, was received, by him. The object of the action is to obtain an account of the money so collected, and payment of it; and, under the circumstances, it would be cause of regret if the action could not be sustained, as it is obvious the party would be without an adequate remedy. In James v. Brown, 1 Dall. 339, M’Kean, chief justice, holds this language: “ the ne
The second objection is founded on a misapprehension of the facts.
The third objection is, that the court erred in charging the jury, that where an attorney receives money for his client, and neglects or refuses for a length of time to render an account of il, and his client is compelled to have recourse to a suit to recover his money, such attorney forfeits all right to claim' any deduction as compensation for his services. In this direction we perceive-no error; for why should the defendant receive compensation when he has performed no service. It amounts to nothing more nor less than the substitution of one debtor for another. The debt is not nearer collection than before; and it is apparent that if the plaintiff should be equally unfortunate in the selection of agents, the whole amount will be consumed under pretence of collection. The retention of money by an attorney is a flagrant breach of trust, for which he renders himself liable to attachment, and, in some cases, to have his name stricken from the roll. In the case of Leonard Ellmaker’s estate, decided at the last term at Harrisburg, and not yet reported,
The fourth and last point is, that the evidence does not support the counts in the declaration. This is a point not without difficulty; but inasmuch as it does not appear that it was brought into the view of the court of common pleas, we do not feel ourselves at liberty to reverse the judgment for that reason.
Judgment affirmed.
If a sheriff levies the money upon a fieri facias, though he make no return to the writ, an action of debt, account or assumpsit will lie against him. X Sellon’s Frac. 530; Sir William Jones 430; Roll. JSb. 598, 92X.