133 Iowa 303 | Iowa | 1907
It appears that a civil action was about to be commenced against the plaintiff for debauching a young girl something like thirteen years of age by the name of Daisy Collier, who had many years ago been adopted by plaintiff or his wife and who after the death of plaintiff’s wife returned to her father’s (Smith Collier’s) home in Osceola, Iowa, and was residing with him when it is claimed the ravishment occurred. In order to settle this matter plaintiff paid to counsel for the girl and her father something like $2,455; $700 of which was invested in a house and lot in Osceola in the name of Daisy Collier, and the remainder save the sum of about $245, which was paid out at various times for the benefit of the girl, is now in the hands of the attorneys. It is claimed that defendants conspired and confederated together to cheat, wrong, and defraud the plaintiff, and that, by duress, threats, and undue influence, they induced plaintiff to make the settlement, and to deliver over the money paid. The defendants each denied
There is a dispute as to what occurred when this attorney appeared, but we think it is sufficiently shown that plaintiff made a statement as to his actual relations with the girl, or as to what had been claimed were their relations, and that Slaymaker was employed as attorney for plaintiff, although no retainer was paid or agreed upon. It was arranged that Slaymaker should ascertain whether or not any criminal proceedings had been commenced or were threatened against the plaintiff, and that the attorney should notify plaintiff as to the results of his examination. Plaintiff returned to his home Monday morning, which, as we understand, was Decoration Day, and either on the next day or one week from the next day he received a telephone message to come to Osceola. Pursuant to this notification plaintiff .with a nephew came to Osceola, and went to- see the attorney, and it is admitted by all that the interview he had was not satisfactory. Slaymaker says that at this time plaintiff discharged him as an attorney, while this is denied by plaintiff and his nephew. Whatever the truth about this, it does appear beyond all question that on the Monday following the Sunday of the alleged confession to Finck, or upon the second Monday following, he, Finck, hunted up Smith Collier, the father of the girl, and told him of the
This was done on Monday, June 6th. ' After seeing Slaymaker in response to the telephone call, plaintiff went to Ft. Madison to see a sick relative, and the next heard of the case were rumors of a civil action aided by an attachment of plaintiff’s property. Thereupon one Landis, who was a. neighbor of plaintiff and of his nephews, interested himself in the matter, and, upon the 9th of June he, Landis, went out to see Whitcomb or the nephews, and finding Whitcomb away stated 'to one of the nephews that action had been brought, and that an attachment was about to be levied. These parties suggested certain schemes to defeat the attachment. .They consulted .attorneys and found this could not be done, and then it was suggested that Landis go to the attorneys for Collier and find out what the matter could be settled for. He found it could be settled for $2,500. One of the nephews immediately went to Ft. Madison to get plain
Of the cases cited by counsel none seem to be exactly in point. State v. Halstead, 73 Iowa, 376, contains a clear exposition of the duties of attorneys to clients, and may well be read in connection with this opinion. Neither Humphrey v. Darlington, 15 Iowa, 207, nor Shoemake v. Smith, 80 Iowa, 655, relied upon by appellant, are in point. We need not review these cases further than to state that in each the client knew of the situation and made no objection to