29 Fla. 238 | Fla. | 1892
The defendant in error commenced a suit in September, A. D. 1887, in the Circuit Court for Duval county, against plaintiff in error to recover the sum of one thousand and • five dollars, alleged to be due for services rendered as an attorney at law. The material averments of the declaration are as follows: .“For that the said defendants are indebted to plaintiff in the sum of one thousand and five dollars, for money payable by defendants to plaintiff, for legal services as an attorney at law, done and rendered by plaintiff for defend-, ants at their request.”
“And in a like sum for work done and material provided by plaintiff for defendants, at their request.”
“And in like sum for money received by defendants for the use of the plaintiffs.”
“ And in like sum for money found to be due from defendants to plaintiff on an account stated between them. And in consideration of the premises said defendants promised to pay said several sums of money to the plaintiff on request, yet they have disregarded
The only questions presented for our review are those contained in the motion for a new trial made in the Circuit Court. The testimony introduced on the trial and the instructions of the court to the jury are before-us by bill of exceptions, but no objections were made to any part of the evidence, nor were any exceptions taken to any part of the instructions to the jury.
The plaintiff in error testified as a witness in his behalf that he was a practicing lawyer, and that in July, 1887, Mr. Clark, of the firm of Clark & Loftus, defendants, came into his office in Jacksonville, Florida, with insurance policies aggregating in amount fifteen thousand dollars, and said the insurance companies that issued the policies refused to pay more than nine or
Columbus B. Smith testified on behalf of plaintiff, that he v7as present when Mr. Clark came to see Mr. Pope in reference to the insurance claims ; that he heard Mr. Clark speak to Mr. Pope in reference to his charges, and also heard Mr. Pope say the regular charge was tender cent., but he would not charge Mr. Clark that much. Mr. Clark came to the office a number of times. Witness was about a week type-writing the proofs, as they wrnre very voluminous. Witness was in the office when Mr. Clark came, after the proofs had been sent off and payment demanded. Mr. Clark said the adjusters had returned, and offered thirteen thousand dollars. Witness was not right close to them, but not far off; did not hear all of the conversation between them, but heard what he stated. Mr. Pope asked witness to unlock the safe and get the policies for Mr. Clark, wliich he did, and handed them to him.
A. W. Cockrell, a witness for plaintiff, testified that he was an attorney at law, and that in his opinion ten per cent, of the sum recovered is a proper fee to charge for the services rendered by the plaintiff. That ten per cent, of the amount collected is a just and reasonable fee. Witness does not mean ten per cent, of the amount in excess of ten thousand dollars, but ten per cent, of thirteen thousand dollars.
Edward F. Clark, testified on behalf of the defendants, that he was one of the defendants, and in the latter part
In rebuttal, plaintiff testified that it was untrue, as testified to by Mr. Clark, that he did not put the policies in witness’ hands for collection, but simply to make proofs; that Clark put them with plaintiff, as a lawyer, for collection. The proofs were made out by plaintiff, as the initial steps in the collection, and not at the request of Mr. Clark to make out proofs. He did not ask plaintiff to make proofs, but placed the claims in his hands for collection, and the proofs were made out because, after the refusal of the companies to pay, that was the first step to take. It is untrue, as stated by Clark, that plaintiff did not tell him that the usual rate was ten per cent., but that plaintiff would not charge him that much. Plaintiff did so tell him. It is untrue, as stated by Clark, that when he came to get the policies he found them scattered over the desk. They were in plaintiff’s safe, and plaintiff’s clerk took them out of the safe, at plaintiff’s direction,
The above is a full statement of the evidence. There is a square issue between plaintiff and defendants as to whether or not the insurance claims were placed in the hands of the former, as an attorney at law, for collection. The settlement of this question belongs to the province of the jury, and under the well-settled rule on this subject, the appellate court will not disturb their verdict. Wilson vs. Dibble, 14 Fla., 47; Schultz vs. Pacific Insurance Co., Ibid, 73; Nickels and Gautier vs. Mooring, 16 Fla., 76; Coker vs. Merritt, Ibid, 416; Mayo vs. Hynote, Ibid, 673.
Counsel for plaintiffs in error concedes that the verdict cannot be set aside on this ground, but he contends that the verdict is excessive, and there is no evidence to sustain the finding of the jury to the extent they have gone. The process of reasoning by which he arrives at this conclusion is this, that the plaintiff, according to his own showing, has done nothing but prepare proofs of loss and submit same to the insurance companies, and in consequence of this work the said companies paid three thousand dollars more than they had previously offered. Hence it is contended
On the record before us we see no ground for disturbing the judgment of the Circuit Court, and it is, therefore, affirmed.