Warren v. Sheehan
Warren v. Sheehan
Opinion of the Court
In addition to a history of transac-tions and of litigation, to be found in the opinions of this court in Farwell v. Bigelow, 112 Mich. 285, Sheehan v. Farwell, 135 Mich. 196, and Bigelow v. Sheehan, 150 Mich. 507, it should be stated that the demand of claimant, Fred H. Warren, against the estate of Calvin A. Cook, deceased, was duly allowed by commissioners May 19, 1903, at the sum of $743.12, and no appeal from such determination was taken. The decree of this court in Bigelow v. Sheehan, supra, following Seymour v. Wallace, 121 Mich. 402, and Chapoton v. Prentice, 144 Mich. 283, permitted defendants Robert C. Sheehan et al. to show, if they could, the invalidity of claimant’s demand. Accordingly, in the circuit court for the county of Wayne, in chancery, said defendants undertook to diminish the amount of said demand so proved and allowed before said commissioners on claims. From a finding and decree of the said court, both parties have appealed.
Under the authorities above referred to, claimant’s demand, for the purposes of this proceeding, was established, prima facie, by proof that it had been duly allowed by the commissioners on claims. As presented, it was an itemized statement from books of account of charges for professional services rendered to, and for money paid for, Cook. The court disallowed none of the items of the account, but by a method of computing interest, approved by neither of the parties, found the sum due to be $892.82. The account is questioned in three particulars.
1. It appears that at one time Mr. Cook secured the
2. The account contains a charge for four days’ services of Mr. Warren at $50 per day and a charge of $25 for
“Q. Do you base your professional charges for attendance in a noncontested case solely upon the time that you spend ?
“A. Not always.
“Q. Did you in this case ?
“A. I based my charge upon the understanding with Mr. Cook, not only in this case, but all the other work that I did for him. He was entirely satisfied and agreed to and many times promised to pay it.”
We are asked to find that a charge of $50 a day for attendance in court and watching the progress of litigation of considerable magnitude, in the result of which a client is greatly interested, is an excessive charge for the attorney to make. Like the other items which have been referred to, the demand has once been established, in accordance with the law, against the estate of Cook. We cannot say that these charges, including the one for examining the decree, are so clearly excessive as to warrant disturbing the award of the commissioners.
3. In the statement of account presented to the commissioners is a debit item of $63.84 for interest which appears between charges of date October 4 and October 9, 1894. At the end of the statement are two interest items of $115.80 and $118.68, respectively. The total of these items, or $298.32, goes to make up the sum of $743.12 allowed by the commissioners. There is no proof of an express general agreement to pay interest. All items of
The lien established on Canadian lands-.........--.$635 74
Interest, 2 years, 10 months, 26 days, at 6 per cent. _ 110 83
$746 57
Received on account of lien________________________ 644 88
Balance.....................................$102 19
Open account -....................................517 28
Interest upon $189.78 from September 20, 1898, to May 19, 1903, 4 years, 7 months, 29 days, at 6 per cent............................................. 53 11
Total of claim which should have been allowed by commissioners_______________________-...........$672 58*437 Interest upon this amount at 5 per cent, from May 19, 1903, to date of decree below, August 6, 1908,
5 years, 2 months, 17 days-----------------------8175 84
Total______________-..............-.......-8847 92
The decree will be modified accordingly. No costs are awarded. The cost of printing the record will be divided equally between the appealing parties.
Reference
- Full Case Name
- WARREN v. SHEEHAN
- Status
- Published