Campbell v. Offutt

• Decision Date: 13 December 1912
• Citation: 151 Ky. 229,151 S.W. 403
• Parties: CAMPBELL et al. v. OFFUTT.
• Court: Kentucky Court of Appeals

151 S.W. 403

151 Ky. 229

CAMPBELL et al. v. OFFUTT.

Court of Appeals of Kentucky.

December 13, 1912

Appeal from Circuit Court, Jefferson County, Common Pleas Branch Third Division.

Action by W. G. Campbell and another against R. L. Offutt. Judgment for defendant and plaintiffs appeal. Affirmed.

Hardin H. Herr, of Louisville, for appellants.

Edwards Ogden & Peak, of Louisville, for appellee.

HOBSON C.J.

Appellants W. G. Campbell and A. B. Young, who are attorneys practicing law as partners, brought this suit against R. L. Offutt to recover on two notes executed by him to them, one dated January 30, 1907, and due one year after date, the other for $66.66, dated May 27, 1907, and due eight months after date. Offutt pleaded and showed in substance that the notes originated in this way: In 1906 Henry Bosworth was a candidate for the Democratic nomination for Auditor of the state of Kentucky at a primary election held on November 3d of that year. Offutt entered into an agreement with Bosworth through H. B. Hines, by which he was to pay a certain portion of Bosworth's expenses in the primary election, in consideration of which Bosworth was to appoint him as revenue agent of the state of Kentucky for the state at large. After this agreement was made with Bosworth, Offutt made an agreement with Dan P. Young, an attorney living in Louisville, by which Young was to pay one half of the amount he was required to pay Bosworth, and Young was to be employed by him as his attorney and receive a certain per cent. of the fees of the office for his services. The amount which he was called on to pay Bosworth was fixed at $400, and Young, with another person, executed his note to the Western National Bank of Louisville for $200, and paid the money to Offutt and he paid it with $200 of his own money to Bosworth's agent. After this had been done, and while the note for $200 was still in the bank, Young died. After his death, R. L. Offutt made an arrangement by which in consideration of their paying the note in bank he agreed to employ appellants as his attorneys as revenue agent just as he agreed to employ Dan P. Young. They paid the $200, and he executed the note for $200 to them. Subsequently it was learned that his share of the campaign expenses was $133.33 more than he had paid, and he thereupon paid one half of this, appellants paying the other half and he executing to them a second note for $66.66 on May 27, 1907. On the same day the note for $200 was executed a written contract was made between the parties setting out their agreement.

The note and the contract are as follows:

"Jan. 30, 1907. One year after date I promise to pay to the order of Campbell and Young, attys, two hundred and no/100 dollars for value. R. L. Offutt."

"Louisville, Ky. Jan. 30, 1907. This agreement made and entered into this day and date above written witnesseth for and in consideration of a note made on the above date, signed, executed and delivered by R. L. Offutt to Campbell and Young, attorneys, the said firm of Campbell and Young bind themselves to pay the amount of $200.00 to the Western National Bank in satisfaction of a note held by said bank against Daniel P. Young and R. L. Offutt. It is admitted by the parties to this agreement that the execution of said note was to meet the assessment against said R. L. Offutt in the Democratic primary held Nov. 6, 1906, whereby the said R. L. Offutt is to receive on Jan. 1, 1908, the appointment of revenue agent for the state at large, and contingent upon said appointment agrees and binds himself to employ as his attorney the said firm of Campbell and Young; the said attorneys agree to do the legal work connected with said office and to accept as payment in full for their services an amount equal to one half of the income of said office. In the event this said appointment with the subsequent employment of Campbell and Young is made, the note held by Campbell and Young against R. L. Offutt and of the above written date shall be null

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