Shuck v. Pfenninghausen

• Decision Date: 28 April 1903
• Citation: 101 Mo. App. 697,74 S.W. 381
• Parties: SHUCK v. PFENNINGHAUSEN.
• Court: Missouri Court of Appeals

74 S.W. 381

101 Mo. App. 697.

SHUCK v. PFENNINGHAUSEN.

Court of Appeals at St. Louis, Missouri.

April 28, 1903.

ATTORNEY AND CLIENT—ACTION FOR SERVICES—ADVANCEMENT OF COURT COSTS—AUTHORITY—INSTRUCTIONS — DISTINCT CAUSE OF ACTION—GENERAL VERDICT.

1. An attorney, in the absence of his client, when necessary, can advance legal costs, and look to his client for reimbursement.

2. In an action by an attorney to recover professional fees and money advanced for the payment of court costs, damages should be awarded on each account separately, and a general verdict for plaintiff was erroneous.

3. Where several causes of action are united in the same petition, and the verdict is a general one, and fails to make an award of damages on each count separately, and one count is of trifling importance, the court will not reverse and remand the cause if appellee will remit the amount recovered on such second count.

Appeal from Circuit Court, Howell County; Wm. N. Evans, Judge.

Action by W. R. Shuck against R. W. Pfenninghausen. From a judgment for plaintiff, defendant appeals. Conditionally affirmed.

Livingston & Burroughs, for appellant. E. J. Shuck, for respondent.

BLAND, P. J.

The respondent is an attorney at law, having an office at Eminence, Shannon county, Mo. Appellant had a claim of $4,500 against the Wagnor Lumber Company, doing business in said county, which he was apprehensive of losing, and employed respondent professionally to bring an attachment suit against the Wagnor Lumber Company. Respondent prepared the necessary papers for the commencement of the suit, but appellant was unable to fill the required bond. Thereupon, on the suggestion of respondent, the attachment suit was abandoned, and a suit to enforce a vendor's lien against specific personal property of the Wagnor Lumber Company was prepared and filed by respondent. Before the clerk would issue process, he required the payment in advance of $12.70 costs, which respondent paid for the appellant. Soon after the suit was brought, appellant's claim was settled by the Wagnor Lumber Company, by giving him a bill of sale for the lumber against which it was sought to enforce a vendor's lien. Appellant offered respondent $25 as full compensation for his professional services. Respondent refused to accept the sum tendered, and brought this suit, alleging his services to be of the value of $229, and in the second count asked a recovery of the $12.70 which he had advanced for the appellant. On the trial, respondent offered evidence tending to prove that his services were worth from $150 to $200. There was a general verdict in favor of respondent for...