"Count One. Your informants state that on or about the 12th day of December, 1932, Abraham Orloff was engaged in the women's furnishing business at 4120 Easton Avenue, St. Louis, and that respondent was his attorney; that on or about December 12, 1932, Abraham Orloff made an assignment to respondent for the benefit of the creditors of said Abraham Orloff; that in December, 1932, respondent, as the assignee in said assignment, received the assets of the said Abraham Orloff and sold the same, receiving in cash therefor a sum in excess of $711.68; that respondent appropriated to his own use all, or a substantial portion, of the said sum; that on the 7th day of July, 1934, a hearing was had by the Committee on Grievances of the Bar Association of St
Louis on a complaint against respondent made by a creditor of said Abraham Orloff about the conduct of respondent as such assignee, at which hearing respondent appeared, pursuant to notice, and testified; that on said day, and prior to said hearing, respondent made a payment of $5 to the said creditor of said Abraham Orloff; that on October 11, 1934, respondent made another payment of $3.45 to the said creditor; that, except for the above-mentioned payments, respondent had not made any payment to any of the creditors of said Abraham Orloff, who were entitled to payment by reason of said assignment, up to November 30, 1934; that your informants are not informed whether any payments have been made by respondent to the said creditors since November 30, 1934; that, in the above matters and things, respondent has been guilty of malpractice, fraud, deceit and misdemeanor in his professional capacity as attorney at law.
"Count Two. Your informants state that on the 25th day of June, 1930, John C. De Voto brought a partition suit against Amanda E. De Voto and others in the Circuit Court of the County of St. Louis, Missouri, which suit was given the number 72,442; that the petition in said suit alleged that John C. De Voto and Amanda E. De Voto were seized as tenants in common of a certain parcel of real estate situated in the County of St. Louis and described in said petition, and said petition prayed for the partition of said parcel; that on the 9th day of January, 1931, said Amanda E. De Voto executed and delivered to Nellie Shaver her promissory note in the amount of $332.25, payable to the order of Nellie Shaver and secured by a deed of trust executed by Amanda De Voto upon the said parcel of real estate; that said Nellie Shaver engaged respondent as her attorney to intervene in the said partition suit and to assert her interest in the said suit and in the proceeds of the partition sale; that said Nellie Shaver delivered to respondent as her said attorney said note and said deed of trust; that on May 1, 1931, respondent filed, in the said suit, an application upon behalf of said Nellie Shaver to be made a party defendant; that said application was sustained by the Circuit Court of the County of St. Louis; that in said suit the said parcel of real estate was sold by a special commissioner pursuant to order of the said Circuit Court; that, pursuant to the order of said Court, the said special commissioner, on the 3rd day of August, 1931, paid to respondent, as the attorney for said Nellie Shaver, the sum of $176.17 on account of the said note and deed of trust executed by the said Amanda E. De Voto; that, subsequently and prior to the 12th day of January, 1932, respondent, as the attorney for said Nellie Shaver, collected the balance due said Nellie Shaver upon the said note, so that, on or prior to the said day, respondent received, as the attorney for said Nellie Shaver and as the proceeds of the said note, the sum of $332.25, which money was the property of the said Nellie Shaver; that respondent appropriated the said sum to his own use; that respondent has not paid the said sum, or any part thereof, to the said Nellie Shaver; that, in the above matters and things, respondent has unlawfully retained his client's money and has been guilty of malpractice, fraud, deceit and misdemeanor in his professional capacity as attorney at law.
"Count Three. Your informants state that on the 25th day of June, 1930, John C. De Voto brought a partition suit against Amanda E. De Voto and others in the Circuit Court of the County of St. Louis, which suit was given the number 72,442; that the petition in said suit alleged that John C. De Voto and Amanda E. De Voto were seized as tenants in common of a certain parcel of real estate situated in the County of St. Louis and described in said petition, and said petition prayed for the partition of said parcel; that on the 9th day of January, 1931, said Amanda E. De Voto executed and delivered to F. L. Morse her promissory note in the amount of $350; that as security for said note said Amanda E. De Voto executed, upon said day, a deed of trust upon the said parcel of real estate; that Robert L. Foster subsequently acquired an interest in said note; that said Robert L. Foster and said F. L. Morse, as the owners of said note, engaged respondent as their attorney to intervene in the said partition suit and to assert upon their behalf their interest in the said suit and in the proceeds of the partition sale; that said Robert L. Foster and said F. L. Morse delivered to respondent as their said attorney said note and said deed of trust; that on May 1, 1931, respondent filed, in the said suit, an application upon behalf of said Robert L. Foster and said F. L. Morse to be made parties defendant; that said application was sustained by the Circuit Court of the County of St. Louis; that, subsequently and prior to the 12th day of January, 1932, respondent, as the attorney for said Robert L. Foster and F. L. Morse, collected the sum of $350 upon
said note and received the same as the attorney for said Robert L. Foster and F. L. Morse and as the proceeds of the said note; that the sum of $350 was the property of the said Robert L. Foster and said F.L. Morse; that respondent appropriated the said sum to his own use; that respondent has not paid the said sum, or any part thereof, to the said Robert L. Foster and F. L. Morse or either of them; that, in the above matters and things, respondent has unlawfully retained his client's money and has been guilty of malpractice, fraud, deceit and misdemeanor in his professional capacity as attorney at law.
"Count Four. Your informants state that on or about the 13th day of May, 1931, respondent was engaged by E. F. Conner to represent the said E. F. Conner in a Justice of the Peace Court case which had been brought against him by the Air Conditioning and Engineering Company; that in June, 1931, judgment was rendered in said case, in the court of Justice of the Peace Meyers, in favor of the said Air Conditioning Company and against said E. F. Conner in the sum of $42.50 with costs in the sum of $9.20, or a total judgment in the sum of $51.70; that said E. F. Conner paid to respondent moneys totaling $51.70; that part of said moneys were paid by said E. F. Conner to respondent for the purpose of being used in the...
