Greenlee v. Mosnat

• Citation: 126 Iowa 330,101 N.W. 1122
• Parties: GREENLEE v. MOSNAT.
• Decision Date: 12 January 1905
• Court: United States State Supreme Court of Iowa

126 Iowa 330

101 N.W. 1122

GREENLEE

v.MOSNAT.

Supreme Court of Iowa.

Jan. 12, 1905.

Appeal from District Court, Benton County; G. W. Burnham, Judge.

The opinion states the case. Reversed.

C. Nichols and Tom H. Milner, for appellant.

C. W. E. Snyder, S. B. Montgomery, and Gilchrist, Whipple & Brown, for appellee.

WEAVER, J.

The plaintiff brings this action at law, alleging that he employed J. J. Mosnat, an attorney at law, to collect certain claims held by him against certain insurance companies, under the agreement that said Mosnat should have and receive in full compensation for his services 10 per cent. of the amount so collected. He further alleges that Mosnat did collect said claims, but has failed to pay over the full amount due the plaintiff, after deducting the agreed commission of 10 per cent., and he asks a verdict for the remainder. Mosnat appeared and answered, admitting that he performed services for plaintiff in the collection of said claims, but denied that he agreed to accept 10 per cent. of such collections in full payment. He further answers, alleging that after performing the service he had an accountingand settlement with plaintiff, and paid him the full balance found due. He further alleges that prior to the time of his appointment to collect these claims he had performed other services for the plaintiff in and about certain other claims against another insurance company, and in preparing proof of loss thereon, and that, after making the collections above referred to, a controversy arose in good faith between plaintiff and the defendant as to the amount of the defendant's compensation, and as to the sum plaintiff was entitled to demand and receive, and that, for the purpose of putting an end to said controversy, the defendant offered and tendered to the plaintiff the sum of $4,004.75 in full payment and satisfaction of his claim for moneys in defendant's hands, and that plaintiff, with full knowledge of the offer, accepted and received the money, and has ever since retained it. There was a trial to a jury, and verdict for the plaintiff. The judgment entered upon this verdict was reversed by this court on defendant's appeal. Greenlee v. Mosnat, 116 Iowa, 535, 90 N. W. 338. A retrial having resulted in another verdict and judgment for plaintiff, the defendant again appeals. Since the first trial, J. J. Mosnat has died, and the executrix of his will has been substituted as the party defendant.

1. The appellant assigns error upon the ruling of the trial court in refusing to submit certain special findings. Without attempting to set out the proposed interrogatories--11 in number--we may say that, in our judgment, they do not call for ultimate facts, but are rather in the nature of a cross-examination of the jurors concerning the method of their deliberations, and there was no error in refusing to submit them.

2. The next objection is of a more serious nature. It has been noted in the statement of the issues that defendant pleads that, prior to...