Malmquist v. Belden Manufacturing Co.

Appellate Court of Illinois December 27, 1916

Malmquist v. Belden Manufacturing Co., 202 Ill. App. 319 (1916)

1916 Ill. App. LEXIS 929

Goodwin

Opinion of the Court

Mr. Justice Goodwin

delivered the opinion of the court.

2. Attobney and client, § 146*—what is extent of enforceable lien of attorneys upon settlement between client and debtor. Where a contract between attorneys and the client'provides for the contingent fee of one-third of any amount which might be paid before suit and one-half of any amount which might be recovered after suit, and the debtor is served with notice of a lien claiming for services fifty per cent, of any sum realized upon such claim or cause of action and a settlement is made between the client and the debtor, without the knowledge or consent of the attorneys, for a specified sum which the debtor states the client is to receive “clear for herself,” the attorneys are entitled to a sum equal to that paid to the client, especially where it is apparent that the debtor intended to discharge the obligation to the attorneys.

Reference

Full Case Name: Jennie Malmquist v. Belden Manufacturing Company On Appeal of Belden Manufacturing Company v. Vincent G. Gallagher and Ernest Messner
Cited By: 1 case
Status: Published