Malmquist v. Belden Manufacturing Co.

Appellate Court of Illinois

Malmquist v. Belden Manufacturing Co.

202 Ill. App. 319, 1916 Ill. App. LEXIS 929

CourtAppellate Court of Illinois

DecidedDecember 27, 1916

DocketGen. No. 21,378

StatusPublished

Cited by1 cases

This text of 202 Ill. App. 319 (Malmquist v. Belden Manufacturing Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Malmquist v. Belden Manufacturing Co., 202 Ill. App. 319, 1916 Ill. App. LEXIS 929 (Ill. Ct. App. 1916).

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Opinion

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.

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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.

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Bluebook (online)

202 Ill. App. 319, 1916 Ill. App. LEXIS 929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malmquist-v-belden-manufacturing-co-illappct-1916.

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