Clegg v. Bamberger

Citation110 Ind. 536, 9 N.E. 700
Case DateJanuary 05, 1887
CourtSupreme Court of Indiana

110 Ind. 536
9 N.E. 700

Clegg
v.
Bamberger, Adm'r, etc.a1

Supreme Court of Indiana.

January 5, 1887.


Appeal from circuit court, Clark county.


M. Z. Stannard and John H. Stotsenberg, for appellant. J. K. Marsh, for appellee.

Elliott, C. J.

The substance of the appellee's complaint is that he is the administrator of the estate of Jacob Bamberger, deceased; that his intestate, during life, placed in the hands of the appellant a note and mortgage, which the appellant, as an attorney at law, agreed and undertook to collect; that, after the death of the appellee's intestate, the appellant collected the amount due on the note and mortgage, and converted it to his own use.

We perceive no force in the appellant's objection to the complaint. Whether the appellant had or had not a right to collect the amount due on the note

[9 N.E. 701]

and mortgage is not material; for, if he did collect the money, and convert it, after the death of the intestate, a right of action exists in the administrator. It is true, as counsel contend, that the relation of attorney and client was dissolved by the death of the latter. Gleason v. Dodd, 4 Metc. 333; Balbi v. Duvet, 3 Edw. Ch. 418;Risley v. Fellows, 10 Ill. 531;Judson v. Love, 35 Cal. 463;Whitehead v. Lord, 7 Exch. 691. But we cannot understand how the attorney can reap any advantage from this rule of law; for, if it was wrong for him to continue to act as an attorney, he cannot take advantage of that wrong, and upon it justify a conversion of his client's money. If it was right for him to continue to act as an attorney, he must pay over what he received for his client, to his client's legal representative, and cannot make it his own by a conversion. If it was wrong, he cannot take advantage of that wrong.

We do not deem it necessary to comment upon the evidence at length; for there is evidence not only tending to support the finding upon every material point, but satisfactorily supporting it. The evidence shows, without material conflict, that Clegg was the attorney of the decedent prior to his death, and, subsequently, of his administrator. He had therefore no authority to turn over the money collected by him to any other person than the client entitled by law to receive it.

An attorney cannot delegate his authority, and certainly that would not be tolerated in a case like this, where the attorney leads the client to believe that he is acting for him. Weeks, Attys. 246. In this instance the appellant assumed to act as...

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6 practice notes
  • Wright v. State, No. 776S199
    • United States
    • Indiana Supreme Court of Indiana
    • 10 Junio 1977
    ...were filed by that attorney's partner. This Court has written that an attorney cannot delegate his authority. Clegg v. Baumberger, (1866) 110 Ind. 536, 9 N.E. 700. However, after these allegedly unauthorized acts the Appellant submitted to psychological examinations, moved for continuance o......
  • Inlow v. Ernst & Young, LLP, No. 49A05-0105-CV-225.
    • United States
    • Indiana Court of Appeals of Indiana
    • 18 Julio 2002
    ...given permission by administrator, legatee has no standing to bring action to recover estate assets from third party); Clegg v. Bamberger, 110 Ind. 536, 9 N.E. 700 (1887) (administrator can bring action for conversion against attorney hired by decedent); Henry v. State ex rel. Franklin, 98 ......
  • Drudge v. Citizens' Bank of Akron, No. 9147.
    • United States
    • Indiana Court of Appeals of Indiana
    • 8 Junio 1916
    ...be no conversion where property is rightfully taken in pursuance of law. Bixel v. Bixel, 107 Ind. 534, 8 N. E. 614;Clegg v. Baumberger, 110 Ind. 536, 9 N. E. 700. [7][8] The ultimate result reached by the trial court was right. Where this is the case erroneous reasons given for such conclus......
  • Rauh v. Stevens
    • United States
    • Indiana Court of Appeals of Indiana
    • 24 Febrero 1899
    ...where an agent misappropriates or misapplies the money or property of his principal, he is guilty of conversion. Clegg v. Baumberger, 110 Ind. 536, 9 N. E. 700;Worley v. Moore, 97 Ind. 15. Appellants had two remedies, to wit: (1) To declare upon the contract, and (2) to sue for conversion. ......
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6 cases
  • Wright v. State, No. 776S199
    • United States
    • Indiana Supreme Court of Indiana
    • 10 Junio 1977
    ...were filed by that attorney's partner. This Court has written that an attorney cannot delegate his authority. Clegg v. Baumberger, (1866) 110 Ind. 536, 9 N.E. 700. However, after these allegedly unauthorized acts the Appellant submitted to psychological examinations, moved for continuance o......
  • Inlow v. Ernst & Young, LLP, No. 49A05-0105-CV-225.
    • United States
    • Indiana Court of Appeals of Indiana
    • 18 Julio 2002
    ...given permission by administrator, legatee has no standing to bring action to recover estate assets from third party); Clegg v. Bamberger, 110 Ind. 536, 9 N.E. 700 (1887) (administrator can bring action for conversion against attorney hired by decedent); Henry v. State ex rel. Franklin, 98 ......
  • Drudge v. Citizens' Bank of Akron, No. 9147.
    • United States
    • Indiana Court of Appeals of Indiana
    • 8 Junio 1916
    ...be no conversion where property is rightfully taken in pursuance of law. Bixel v. Bixel, 107 Ind. 534, 8 N. E. 614;Clegg v. Baumberger, 110 Ind. 536, 9 N. E. 700. [7][8] The ultimate result reached by the trial court was right. Where this is the case erroneous reasons given for such conclus......
  • Rauh v. Stevens
    • United States
    • Indiana Court of Appeals of Indiana
    • 24 Febrero 1899
    ...where an agent misappropriates or misapplies the money or property of his principal, he is guilty of conversion. Clegg v. Baumberger, 110 Ind. 536, 9 N. E. 700;Worley v. Moore, 97 Ind. 15. Appellants had two remedies, to wit: (1) To declare upon the contract, and (2) to sue for conversion. ......
  • Request a trial to view additional results

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