Lynchburg Shoe Co. v. Gladney
Lynchburg Shoe Co. v. Gladney
Opinion of the Court
According to the testimony of the defendant, the indebtedness of a tenant to the defendant was to be assumed by the attorney at law who held for collection the claims of the plaintiff, as the tenant wished to terminate his contract relations with the defendant and to become a tenant of the attorney; and this amount, together with an additional amount due the defendant by the attorney himself on his individual note, was, by agreement between them, to be credited on the plaintiff’s claims; and, according to the testimony of the defendant, the attorney offered to pay the defendant the amount due by the tenant, but the defendant refused this offer and directed that the said amount, as well as the amount due on the attorney’s individual note, be applied as a credit on the claims of the plaintiff then held by the said attorney for collection; but the defendant further testified that he did not know whether the attorney “had any money with him or not,” and the evidence did not disclose that any cash was tendered, or even exhibited, at the time the alleged agreement was made, or • that any money or other thing of value to the plaintiff was ever in fact delivered to the attorney, for the benefit of the plaintiff. “Without special authority, attorneys can not receive anything in
Reference
- Full Case Name
- LYNCHBURG SHOE COMPANY v. GLADNEY
- Cited By
- 1 case
- Status
- Published