Boyd v. Johnson, No. 6.

CourtMaryland Court of Appeals
Writing for the CourtPATTISON, J.
PartiesBOYD v. JOHNSON.
Decision Date09 April 1924
Docket NumberNo. 6.
125 A. 697

BOYD
v.
JOHNSON.

No. 6.

Court of Appeals of Maryland.

April 9, 1924.


125 A. 698

Appeal from Superior Court of Baltimore City; James P. Gorter, Judge.

Action by J. Cookman Boyd against J. Frank Johnson. From a judgment for plaintiff for an insufficient amount, plaintiff appeals. Affirmed.

Argued before BOYD, C. J., and THOMAS, PATTISON, URNER, ADKINS, OFFUTT, and DIGGES, JJ.

Emil Budnitz, of Baltimore (J. Cookman Boyd, of Baltimore, on the brief), for appellant.

Charles Jackson and Arthur R. Padgett, both of Baltimore, for appellee.

PATTISON, J. This suit in this case was brought by the appellant against the appellee upon a written contract, signed by the appellee and others, which is as follows:

"We, Marian M. Johnson, John F. Johnson, and Myrtle Smith, being the children and granddaughter of Elijah Johnson, deceased, do hereby employ J. Cookman Boyd, Esq., to act as our attorney for the purpose of filing a caveat to the will of the said Elijah H. Johnson, deceased, and of prosecuting the same to a conclusion, either by trial in court or by settlement made by him with our approval, and we do hereby agree to give him one-fourth of whatever amount may be recovered out of the estate of the said Elijah H. Johnson, whether the same be as a result of suit or compromise.

"As witness our hands this 21st day of June, nineteen hundred and twenty.

"[Signed] J. Frank Johnson.

"Marian M. Johnson.

"Geo. I. Young. Myrtle M. Smith.

On the 22d day of June, 1920, the appellant filed the caveat mentioned in the contract, and, as stated by him in his testimony, the appellee on several occasions thereafter visited his office to give him information which he thought would be useful in the prosecution of the caveat; but after a short time the appellee reached the conclusion that he did not wish to proceed further with the caveat, so far as he was concerned, and asked the appellant to have his name stricken from the proceedings as a party thereto. This was not done, however, and later, some time in August, as stated by the appellant, the appellee wrote to him to the same effect. On September 6th, no action having been taken by the appellant upon the request of the appellee, Messrs. Haman, Cook, Chestnut & Markell wrote the appellant, saying:

"We write on behalf of J. F. Johnson, a son, and Marian Johnson, a daughter, of Elijah H. Johnson. These clients advise us that they wish the caveat proceedings in the orphans' court in the above estate dismissed so far as they are concerned. We understand from them that, while they originally were persuaded, or decided, to join in the proceedings, subsequent reflection has led them to the conclusion that their action in the first place was impulsive, and their deliberate judgment is that they do not wish to proceed with the case as parties to the caveat. They further tell us that they have had some talks with you along this line, which apparently have not yet resulted in a dismissal of the proceedings so far as they are concerned. They have now directed and instructed us to have the case dismissed so far as they are parties thereto. We presume that you would prefer to do this, as we believe you filed the caveat for...

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15 practice notes
  • Somuah v. Flachs, No. 9
    • United States
    • Court of Appeals of Maryland
    • December 18, 1998
    ...331 Md. 331, 335, 628 A.2d 185, 187 (1993); Palmer v. Brown, 184 Md. 309, 316, 40 A.2d 514, 517 (1945); Boyd v. Johnson, 145 Md. 385, 389, 125 A. 697, 698-99 (1924). The client's right to terminate the attorney-client relationship is necessary given the confidential nature of such a relatio......
  • Ronald M. Sharrow, Chartered v. State Farm Mut. Auto. Ins. Co., No. 111
    • United States
    • Court of Appeals of Maryland
    • September 1, 1985
    ...v. District Supply, Inc., 222 Md. 31, 158 A.2d 650 (1960); Palmer v. Brown, 184 Md. 309, 40 A.2d 514 (1945); Boyd v. Johnson, 145 Md. 385, 125 A. 697 (1924). It is also true that an insurer has a right and duty to enter into good faith negotiations, where reasonable and feasible, to settle ......
  • Skeens v. Miller, No. 61
    • United States
    • Court of Appeals of Maryland
    • September 1, 1992
    ...is revocable at the will of the client. Palmer v. Brown, 184 Md. 309, 316, 40 A.2d 514, 517 (1945); Boyd v. Johnson, 145 Md. 385, 389, 125 A. 697, 698-99 (1924); Western Union Tel. Co. v. Semmes, 73 Md. 9, 18, 20 A. 127, 128 (1890); F. MacKinnon, Contingent Fees for Legal Services 77 (1964)......
  • First Union v. MEYER, FALLER ET AL, No. 420
    • United States
    • Court of Special Appeals of Maryland
    • February 4, 1999
    ...not entitled to the contingent compensation. 73 Md. at 21, 20 A. 127. That lower court ruling was affirmed. Boyd v. Johnson, 145 Md. 385, 125 A. 697 (1924), was also a case where an attorney, hired on a contingency fee basis, was entitled to recover on a quantum meruit basis for the reasona......
  • Request a trial to view additional results
15 cases
  • Somuah v. Flachs, No. 9
    • United States
    • Court of Appeals of Maryland
    • December 18, 1998
    ...331 Md. 331, 335, 628 A.2d 185, 187 (1993); Palmer v. Brown, 184 Md. 309, 316, 40 A.2d 514, 517 (1945); Boyd v. Johnson, 145 Md. 385, 389, 125 A. 697, 698-99 (1924). The client's right to terminate the attorney-client relationship is necessary given the confidential nature of such a relatio......
  • Ronald M. Sharrow, Chartered v. State Farm Mut. Auto. Ins. Co., No. 111
    • United States
    • Court of Appeals of Maryland
    • September 1, 1985
    ...v. District Supply, Inc., 222 Md. 31, 158 A.2d 650 (1960); Palmer v. Brown, 184 Md. 309, 40 A.2d 514 (1945); Boyd v. Johnson, 145 Md. 385, 125 A. 697 (1924). It is also true that an insurer has a right and duty to enter into good faith negotiations, where reasonable and feasible, to settle ......
  • Skeens v. Miller, No. 61
    • United States
    • Court of Appeals of Maryland
    • September 1, 1992
    ...is revocable at the will of the client. Palmer v. Brown, 184 Md. 309, 316, 40 A.2d 514, 517 (1945); Boyd v. Johnson, 145 Md. 385, 389, 125 A. 697, 698-99 (1924); Western Union Tel. Co. v. Semmes, 73 Md. 9, 18, 20 A. 127, 128 (1890); F. MacKinnon, Contingent Fees for Legal Services 77 (1964)......
  • First Union v. MEYER, FALLER ET AL, No. 420
    • United States
    • Court of Special Appeals of Maryland
    • February 4, 1999
    ...not entitled to the contingent compensation. 73 Md. at 21, 20 A. 127. That lower court ruling was affirmed. Boyd v. Johnson, 145 Md. 385, 125 A. 697 (1924), was also a case where an attorney, hired on a contingency fee basis, was entitled to recover on a quantum meruit basis for the reasona......
  • Request a trial to view additional results

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