Lisker v. Monti

• Decision Date: 30 July 1948
• Docket Number: No. 1825.,1825.
• Citation: 60 A.2d 485
• Parties: LISKER v. MONTI et al.
• Court: Rhode Island Supreme Court

60 A.2d 485

LISKER

v.MONTI et al.

No. 1825.

Supreme Court of Rhode Island.

July 30, 1948.

Appeal from Superior Court, Providence and Bristol Counties; G. Frederick Frost, Judge.

Bill of interpleader by Hyman Lisker against Michael Monti and others. From the decree respondent named appeals.

Appeal dismissed, decree affirmed and cause remanded.

Kirshenbaum & Kirshenbaum, of Providence (Frank G. Shea, of Providence, of counsel), for complainant.

Monti & Monti, Michael A. Monti and Francis A. Monti, all of Providence, for respondent Michael Monti.

BAKER, Justice.

This is a bill of interpleader brought against four respondents by the complainant who is holding, under a certain agreement, the sum of $1,500 pending the determination of the claims of the respondents thereto. It is alleged in the bill that one of them has demanded that the complainant pay to him the entire sum of $1,500; that two of them have called upon the complainant to pay them jointly such sum; while the fourth respondent has requested payment to him of a part of such amount.

The bill first prays that a decree of interpleader be entered by the superior court. In accordance with that prayer such a decree was duly entered, and thereafter the parties were heard on bill, answers and proof respecting the merits of their claims to the above fund. After such hearing the trial justice entered a decree awarding from said $1,500 the sum of $100 to the complainant for services in bringing the instant bill; to the respondent John Lyons the sum of $75; to the respondent Michael Monti the sum of $600; and to the respondents John Trementozzi and Edmund Delmonico the sum of $362.50 each. From the entry of that decree only the respondent Michael Monti has prosecuted an appeal to this court. Hereinafter the various respondents will be referred to by their respective names. Monti is a member of the bar and it is his contention that he is entitled to the $1,500 in question in payment for legal services which he allegedly rendered Trementozzi and Delmonico while acting as their attorney. They, however, take the position that his claim for $1,500 is excessive in the circumstances.

The evidence discloses that about August 31, 1945 Monti was retained professionally by Trementozzi and Delmonico admittedly for the purpose of having him examine the title to certain property which they had agreed to purchase, and also, according to the contention of Monti, for the added purpose of aiding the if possible to obtain their release from a written contract which they had entered into with Lyons on August 28, 1945. This contract obligated them to purchase for the sum of $25,000 a certain restaurant and night club located in the city of Warwick. Of the above sum, $10,000 had been deposited with the complainant, who had acted as attorney for the parties in making the contract, and the remaining $15,000 was to be paid in accordance with certain of its terms.

According to a provision in such contract, before the actual conveyance of the night club would be made and the remaining $15,000 of the purchase price therefor paid to Lyons a favorable action by the licensing authorities of the city of Warwick was to be obtained, permitting a transfer to Trementozzi and Delmonico of the liquor license which was then held by Lyons for the premises in question. In the meantime under the terms of the contract of sale the prospective purchasers were allowed by Lyons to take possession of the night club and operate it. He also formally made an application to the proper authorities in Warwick for the transfer of his liquor license as above referred to.

The evidence further shows that after being employed as aforesaid by Trementozzi and Delmonico, Monti engaged a surveyor to make a plat of the night club property, as a question had arisen respecting the exact amount of land to be conveyed under the contract, a parcel used for parking purposes and apparently not owned by the seller being in issue. In addition Monti testified that he felt it advisable to employ another attorney to take up with the Warwick authorities the matter of the transfer of the liquor license from Lyons to Trementozzi and Delmonico. Hearing on the application for the transfer was continued several times and no formal decision of the license authorities was apparently made before the parties had adjusted their differences.

Monti represented his clients Trementozzi and Delmonico during the month of September 1945 and finally toward the latter part of that month it was agreed by all the parties to rescind the contract for the sale of the night club. In that connection the only matter open was an accounting covering the period during which Trementozzi and Delmonico as prospective buyers had been in possession of the property. About October 1, 1945 they asked Monti what his bill for services would be and he told them $1,500. They considered this too high and after some discussion discharged him and employed another attorney. Thereupon the complainant was notified by Monti that he was claiming a lien for...