Ambrose v. McDonald

Decided July 1, 1878

California Supreme Court · decided 1878-07-01

The action was brought to recover six hundred and forty-three dollars, as balance due upon stock transactions in September, 1874. The answer admitted the transactions, but set up a counter-claim, and pleaded payment in full upon an accounting and settlement. The Court found that in December, 1874, the defendant had settled with one Morgan, then the attorney of plaintiff, paying three hundred and eleven dollars in full of all demands.

Cited by 2 later decisions — most recently May 1923

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1878-07-01

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By the Court :

¶1The Court finds that Morgan was employed by plaintiff as an attorney to collect the money due from defendant to him, and that plaintiff restricted his employment to the bringing of a suit against defendant to recover such money.

¶2There is no evidence nor finding of fact that Morgan was represented by the plaintiff as having any relation to him except as his “ lawyer.” As attorney at law he had no authority, actual or ostensible, to compromise the claim or receive any money thereon until after suit brought. (Code of Civil Procedure, sec. 283.)

¶3Judgment and order reversed, and cause remanded for a new trial.