Robinson v. Guerry

• Decision Date: 17 June 1929
• Docket Number: 19180.
• Citation: 148 S.E. 745,40 Ga.App. 26
• Parties: ROBINSON v. GUERRY.
• Court: Georgia Court of Appeals

148 S.E. 745

40 Ga.App. 26

ROBINSON v. GUERRY.

No. 19180.

Court of Appeals of Georgia, Second Division

June 17, 1929

Syllabus by Editorial Staff.

Agreement between attorneys employed by trustee in bankruptcy with consent of referee that they would divide equally fees earned in prosecution of employment would include fees earned in subsequent litigation, though facts giving rise to litigation might not have been in existence at time of employment and making of agreement, nor within contemplation of parties, and though subsequent litigation was suit by trustee for use of third person, providing attorneys appeared and earned fees in accordance with original employment by trustee.

In action by attorney employed with defendant attorney to represent bankruptcy trustee and agreeing to divide fees, to recover portion of fee collected by defendant for services rendered in suit of trustee, if plaintiff collaborated in preparing suit and jointly prosecuted same to certain stage and notified defendant that he desired to continue as counsel, though leaving state, and would return to assist in further proceedings, and requested defendant to notify him of assignment of case for trial to which defendant agreed plaintiff's right to portion of fee would not be affected by failure to appear in suit providing failure was due to defendant's failure to advise plaintiff of progress of suit.

In action by attorney employed with defendant attorney to represent bankruptcy trustee and agreeing to divide fees, to recover portion of fee collected by defendant for services rendered in suit of trustee, fact that, under terms of order of referee of bankruptcy and agreement of person for whose use trustee sued, fee was allowed as for services rendered solely by defendant attorney, did not exclude right of plaintiff to participate in fee, where he was not advised of referee's order, nor of agreement fixing fee, and was not party to arrangement.

Error from City Court of Oglethorpe; H. H. Revill, Judge.

Action by G. C. Robinson against J. B. Guerry. Judgment for defendant, and plaintiff brings error. Reversed.

Gilbert C. Robinson, of Columbus, and J. J. Bull, of Oglethorpe, for plaintiff in error.

B. F Neal, of Montezuma, and Jno. M. Greer, of Oglethorpe, for defendant in error.

Syllabus OPINION.

BELL J.

1. Where two attorneys were employed by a trustee in bankruptcy, with the consent and approval of the referee, to advise and represent the trustee generally as in all matters in which the services of an attorney might thereafter be required, and the attorneys, in accepting such employment, agreed between themselves that they would divide equally such fees as should be earned in the prosecution of such employment, such agreement between the attorneys would include fees earned in subsequent litigation, although the particular facts giving rise to such litigation might not have been in existence at the time of such employment and the making of such agreement, nor then within the actual contemplation of any of the parties, and although such subsequent litigation was a suit brought by the trustee for the use and benefit of a third person, provided the attorneys appeared and earned fees therein as a result of and in accordance with their original employment by the trustee.

2. In an action by one of such attorneys to recover a portion of a fee collected by the other as for services rendered in such suit of the trustee, if, as claimed and testified...