128 Ga. 831 | Ga. | 1907
An attorney at law had in his hands for collection separate claims against a debtor in favor of four separate creditors. The debtor was insolvent, and at a sale of his assets by a receiver the attorney at law purchased for his own use an open account due to the debtor by another person. The attorney then notified his four clients of his purchase, and offered to let them have the account so purchased if each would pay sums proportionate to their respective claims sufficient in amount to reim
With respect to the indebtedness of the plaintiffs in fi. fa. to the attorney for counsel fees, and the amount thereof, if any such debt existed, it is readily seen that the testimony of the attorney thus far considered is not clear and unequivocal. But there was further evidence upon the subject. The attorney testified that after the payment of the $257.99 had been made by the defendant to the plaintiff as purchase for the fi. fa., “I received a little check for $13, reciting that it was in full for fees. The check was mislaid; when found some time afterwards, I indorsed it and collected it.” No explanation is made by the attorney as to why he indorsed and collected the check, if he did not receive it in full payment of counsel fees due by the plaintiff. If he did receive it as such, that was the end of his contention for counsel fees. If he did not receive it as such, the burden was upon him to explain. In the absence of explanation it will be deemed that whatever may have been the amount agreed upon, or whatever the
Judgment affirmed.