McKay v. J. M. E. Atkinson & Co.
McKay v. J. M. E. Atkinson & Co.
Opinion of the Court
This action was instituted in the superior court of King county, for the purpose of recovering attorney’s fees for alleged services in such capacity. It is not necessary to repeat the allegations of the complaint. The substance is that legal services had been rendered by the plaintiff, amounting to the sum of $580, and that there was a balance due of $320. The defendants Atkinson & Company and
There is no question as to the amount charged for the services rendered, it being admitted in appellants’ brief that the respondent rendered the services alleged in his complaint, and that the only question was, for whom the services were performed, the contention of the appellants being that, if the respondent was employed at all, he was employed by H. H. Eaton as an individual, and that the corporation J. M. E. Atkinson & Company did not employ him, did not ratify the employment, and is in no way responsible for the services rendered.
There is a plain conflict of testimony in this case between the witness Eaton and the respondent George McKay. The court found the facts in favor of McKay, and from an examination of the record we are not prepared to say that the findings were not warranted. The respondent testified that he had had conversations in relation to these several employments with both Mr. Eaton and Mr. Atkinson, the president of the corporation; that Mr. Eaton informed him that he had arrangements with Atkinson whereby Atkinson was to furnish the money and he and Atkinson were to divide the net profits; that in the Gould cases Gould was merely trustee for Atkinson, and that Mr. Eaton held the title in trust for them. So that, if this statement is true — and the court evidently believed it was, notwithstanding the denial on the part of Eaton
“We have for acknowledgment your favor of April 2nd and as requested therein take pleasure in handing you herewith our check for $100 on account of your service in case of Gould vs. Knox, Gould vs. White, Gould vs. Stanton, and Gould vs. Austin. Kindly acknowledge receipt, and oblige,
“Yours very truly,
“J. M. E. Atkinson & Co.;”
that this letter was written on stationery of J. M. E. Atkinson & Company; that he had two or three conversations with Mr. Atkinson after that in relation to the business; that on another occasion he received another check signed “J. M. E. Atkinson & Company,” and that this check was handed to him by Mr. Atkinson himself; that finally Atkinson refused to pay any more bills unless they were O. K.’d by Eaton, and that Eaton refused to O. K. them.
Mr. Eaton denied many of these statements alleged to have been made by him, and denied responsibility for the employ
There is no dispute that the respondent had the conversation with Roberts that he claims to have had, in relation to this employment. Atkinson admits that he tore open the letter that Avas addressed to him, in relation to this fee, and sat there and talked about the cases with the respondent, and that the letter was addressed to J. M. E. Atkinson & Company. Considering the relationship which undoubtedly existed between Eaton and the corporation, the action of Atkinson, the president of the corporation, in paying these demands, and the conversation he had with the respondent in regard to them, and the undisputed statement of the respondent in relation to the conversation that he had concerning this employment with Roberts, the secretary-treasurer of the corporation, we think the court rightly concluded that the corporation was a party interested in these’lawsuits, and that it employed or at least ratified the employment of the respondent, and that it cannot now escape responsibility in that regard. The counsel cites 21 Am. & Eng. Ency. Law (2d ed.), p. 858, to the effect that “the powers of the president [of a corporation] as such, extends only to matters arising in the ordinary course of the company’s business, and contracts made by him as to other matters are not binding on the corporation although made in its behalf.” This, no doubt, is the general rule, but the next citation from the
Applying tins principle of the law to the facts shown by the testimony, we think the judgment of the court was right, and it will, therefore, be affirmed.
Rudkin, C. J., Crow, Mount, and Parker, JJ., concur.
Reference
- Full Case Name
- George McKay v. J. M. E. Atkinson & Company
- Status
- Published
- Syllabus
- Attorney and Client — Compensation—Evidence oe Employment —Sueeiciency. Findings to the effect that an attorney was employed by a corporation, or at least that the corporation ratified the employment, are sustained where it appears that the officers had conversations with the attorney about the suits, in which it was interested, directed action to be taken therein, and upon request paid part of the attorney’s bills.