Spencer v. Smith

• Decision Date: 18 February 1909
• Docket Number: No. 6,604.,6,604.
• Parties: SPENCER et al. v. SMITH.
• Court: Indiana Appellate Court

45 Ind.App. 17

87 N.E. 154

SPENCER et al.

v.SMITH.

No. 6,604.¹

Appellate Court of Indiana, Division No. 2.

Feb. 18, 1909.

Appeal from Circuit Court, Hendricks County; J. L. Clark, Judge.

Action by Carrie B. Smith against William W. Spencer and another. Judgment for plaintiff. Defendants appeal. Affirmed.

Warrick H. Ripley and Brill & Harvey, for appellants. Woollen, Woollen & Byers, for appellee.

ROBY, J.

This action was brought by appellee, and the complaint is as follows:

“Carrie B. Smith, plaintiff, complains of William W. Spencer and Edwin W. Spencer, defendants, and says that the defendants are and for many years past have been practicing attorneys at law in Marion county, Indiana; that prior to June 1, 1904, the plaintiff placed in the hands of the defendants for collection a claim against the estate of John B. Casey, deceased; that June 3, 1904, the defendants collected on said claim the sum of $47.48; that April 15, 1905, they collected an additional sum of $2,165.32. She further says that said defendants concealed the fact that they collected said sums of money until June, 1906, notwithstanding the fact that she repeatedly made inquiries of them whether or not they had made such collections; that June 10, 1906, they admitted to her that they had made such collections and appropriated the money to their own use, and they then and there furnished her with a statement which is in the words and figures following:

“‘Wm. W. Spencer. New Telephone 1505. Edwin W. Spencer. Spencer & Spencer, Attorneys at Law, Rooms 214-216 Unity Bldg., 147 E. Market St., Indianapolis, Ind. July 10th, 1906. This is to certify that we collected for Carrie B. Smith the following amounts:

+------------------------------------+
                ¦June 3, 1904              ¦$ 47 48  ¦
                +--------------------------+---------¦
                ¦April 15, 1905            ¦2,165 32 ¦
                +--------------------------+---------¦
                ¦Total                     ¦$2,212 80¦
                +--------------------------+---------¦
                ¦Sept. 15, Interest to date¦179 40   ¦
                +--------------------------+---------¦
                ¦                          ¦$2,392 20¦
                +------------------------------------+
                

“‘Spencer & Spencer,

“‘Per Wm. W. Spencer.’

“She further says that she frequently demanded payment of the defendants of the balance shown by said statement, but they have neglected to make payment, and that the same remains unpaid. Wherefore the plaintiff demands judgment against the defendants for $2,500 and all other proper relief.”

Various answers were filed, and the issue made was tried to a jury, and a verdict returned and judgment rendered for $1,974.33.

Fifty-four points for reversal are stated. None of them are well taken. An attorney is liable to pay over money received by him on...