Willis v. Gorrell
Willis v. Gorrell
Opinion of the Court
delivered the opinion of the court.
In 1885 James A. Willis held the bond of J. B. Gorrell for $500.00, which he delivered to G. D. Gray, a practicing attorney of Culpeper county, for collection, taking the attorney’s receipt therefor. A few days thereafter Mr. Gray reported to Willis, by letter, that he had his debt against Gorrell secured, and it appears that on January 30, 1885, Gorrell made a deed of trust on a large quantity of real estate, securing the Willis debt with a number of others. Willis, satisfied with having his debt thus secured, left the bond in the possession of Mr. Gray, but received directly from Gorrell interest thereon in advance, paid to him every six months until a subsequent date, when he assigned the bond to Bettie K. Willis, his wife, of which assignment Gorrell was notified, and the interest was thereafter paid regularly every six months in advance by Gorrell to Mrs. Willis directly, or by giving her credit on her account in his drug store. On the 2d day of April, 1898, Mr. Gray, without the knowledge or consent of either Mr. Willis or Mrs. Willis, and without receiving or pretending to receive payment thereof from Gorrell, marked on the margin of the deed book in which said deed of trust was recorded, the following words: “The bond of $500 to James A. Willis is paid.” (Signed) “G. D. Gray, Attorney,” and Gray’s signature is duly attested by the clerk, as required by statute, and on the same day all of the other debts secured by the deed of trust were also released, and Gorrell then conveyed the same property, with other property, to G. D. Gray, trustee, to secure to one Bickers a bond for a loan of $6,450. The evident purpose of this release was to clear Gorrell’s title to the land from all encumbrances, so that he could give a first lien to Bickers, and thus secure the loan then made. It is not pretended that a dollar was paid to Mr. Gray for the release of the Willis bond, nor was the bond delivered to Gorrell at that time, though it was at some time thereafter
(Sigued) “J. B. GOEEELL.”
This was the first intimation which Mrs. Willis had of any claim on the part of any one that the debt was paid, or its status in any way changed except by the payment of interest, and Mr. Gray was then, as stated by Gorrell in his note, too ill to attend to business, and he died in August, 1902, being too ill all the time to have his attention called to the matter, or to make any explanation as to the transactions between him and Gorrell touching the bond in question. Upon the receipt of the above note from Gorrell, Mrs. Willis employed counsel to investigate the facts concerning the bond she had held against Gorrell, and filed her bill in this cause setting out the attempted release of 1898; that Gorrell had on August 3, 1902, paid at the Farmers
, Upon the hearing of the cause upon the bill, the demurrer and answer of Gorrell, and the testimony adduced by the parties, the Circuit Court overruled the demurrer, and held that the debt asserted by Mrs. Willis against Gorrell for the amount of the hond in question had been fully paid by Gorrell to G. D. Gray, as the duly authorized attorney of Mrs. Willis to collect the same; that Gorrell was discharged from further liability on account of said debt, and dismissed the plaintiff’s bill, with costs to the respondent, Gorrell. This decree is before us for review upon an appeal taken by Mrs. Willis.
We havq in the outset stated fully the facts as disclosed by the record, and from them it appears that the claim made by Gorrell, the appellee, in his answer, that the bond in question was marked paid and delivered to him at the time that he claims to have given Gray his note for the amount of the bond, upon which he received the money at bank,- is wholly incorrect,the fact being that at that time the bond was not marked paid and delivered to appellee by Gray. When appellee obtained possession thereof is not made to appear, except that it was at a date subsequent to the release of the deed of trust by Gray in 1898, and subsequent to the execution of the note by appellee to Gray. But be this as it may, and whatever may have been the transactions between appellee and Mr. Gray, or their motives concerning the debt of appellant, the question remains whether or not appellant can be bound by these transactions and her debt rightly adjudged to have been satisfied thereby. Appellee, as the record clearly discloses, knew that the dealings of Mr. Gray with him concerning this
As has been remarked, when Gray notified Mr. Willis that he had taken a deed of trust in 1885 to secure the debt due to him from appellee, the debt thereafter was no longer in the hands of Mr. Gray for collection, but was treated both by the debtor and creditor as an investment, and stood thus for about seventeen years. There is not the slightest proof in the record that the relation of attorney and client was ever created between appellant and Mr. Gray, except that the bond of appellant assigned to her by her husband remained in Mr. Gray’s possession, whether for safe-keeping or for what purpose we are unadvised and are not concerned. But even if the relation of attorney and client had been established as between appellant and Mr. Gray concerning the bond in question, it is well settled that an attorney having in his hands a claim for collection has no authority whatever to receive anything but money in payment thereof without previous authority obtained from his client, the owner of such claim.
In Smith v. Powell, 98 Va. 421, 36 S. E. 522, it is held, that an attorney simply to collect a debt has no authority to receive anything but money for it, and if he accepts a note for it, no subsequent dealings of his with reference to the note, without previous authority or subsequent ratification of the client, can be deemed a ratification by the client.
It follows that we are of opinion that the decree of the Circuit Court is erroneous, and it will, therefore, be reversed and annulled, and the cause remanded to be further proceeded with in accordance with the views herein expressed.
Reversed.
Reference
- Full Case Name
- Willis v. Gorrell & Others
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- Syllabus
- 1. Attorney eor Collection—Security for Debt—Release—Termination of Attorney’s Powers.—After an attorney who has in his hands a debt for collection reports the same as properly secured, and both debtor and creditor thereafter treat the debt so secured as an investment, and the debtor regularly, for a period of ten years, pays the semi-annual interest directly to the creditor, the debt cannot thereafter be regarded as in the hands of the attorney for collection, although he still retains the evidence of it; and his release of the security therefor, without further authority from the creditor, or subsequent ratification by him, will not defeat the creditor’s right to the security given for his debt. 2. Attorney eor Collection—Payment-—Acceptance of Notes.—An attorney, having in his hands a claim for collection, has no authority to receive anything but money in .payment thereof without previous authority obtained from the owner. If he accepts a note for the claim, no subsequent dealings of his with reference to the note, without previous authority or subsequent ratification of the client, can be deemed a ratification by the client.