Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-03-18
LEGAL.
Decisions Of the supreme COurt OF
Tennessee. at Nashville, December
Term. 1857.

Term, 1867.
Reported for the Union aud Dispatch. by S. J.
Henderson, Attorney at Law
The Planters Bank Of Tennessee and ID. W cav
er, ~. }. q. Hornberger. W.P. Hume and 9th
J. q. iiornberger ps. Planters Bank Of Tennes-
see and others.
CONTINUED.
Thereupon, on that day, March 9TH,
1865 respondent submitted the following
in substance: @All cases at law that are
not litigated 5 per cent. and all Irrigated
cases at law 10 per cent. However, IN
cases that are regarded as insolvent. and
the bank merely desires its claims reduced
TO judgments, and have nothing to do
but reduce the claim TO judgment, p per
cent. will be charged, but the bank or ITS
officers must select or point out such claims
10 the attorRey-no fee, however, before
Justice Of the Peace shall be less than ten
dollars, and no fee in the Circuit Court
shall be less than SIS. All cases il equity
when not litigated per cent. and all ht-
gated cases in equity 10 per cent; no fee in
the Chancery Court, however, shall be less
than $50. In appeals from the Circuit TO
the Supreme Court wheH not litigated q
per cent, and in litgated cases appeals
from the Circuit to the Supreme Court
per cent; in appeals from the Chancery
TO the Supreme Court when not Irrigated
% per cent, and where litigated 8 per
cent however, no fee in the Supreme
Court shall be Less than $50"
For writing mortgages and deeds OF
trust, one-half the rates as liked by the
schedule of attorneys fees, adopted 10Th
of June, 1864, will be charged; also, for
taking dispositions one-Ealf the fees charged
therein. No counsel or advice to be charged
for in cases not litigated.
"The above embraces all suits in Mont
gomery county; claims outside of that
county must be governed by the regular
schedule of fees. /, however, will abate
upon the schedule whenever j can. If the
above proposition does not suit the bank,
the following is submitted for its consldera-
ton: / will charge ten PER cent. upon all
claims that may come 10 my hands, and
will attend to them in any and all courts
Of our State, to-wit: Justice of the Peace,
Circuit, Chancery, and Supreme Court,
and no additional fee will be charged
in any Of the courts, however long and
severely litigated, and whether or not
more than one suit may be brought on
the same instrument; nor will charge
anything for mortgages, deeds Of trust,
taking dispositions, or anything of the
kind The ten per cent. is 10 cover all
trouble, and all snits, and all courts. The
bank TO pay all expenses, and any fee over
the ten per cent. ! may have To pay any
attorney at a distance, but in making the
latter proposition the bank must place all
its claims Of every sort, collaterals, etc,
intogmy hands and not select out claims"
The answer states that this proposition
was handed to Weaver, and in a day or
two subsequent Weaver stated to respond
ent that the Board we're not prepared TO
accept the proposition, and thereup0n
March 8, 1861 Weaver wrote Hume, in
substance, that Hornberger's proposition
had been rejected by the Board and order
dering Hume TO make up detailed list Of
notes and bills, and bring the same to
Nashville that he desired TO be present.
that his views on every piece Of paper held
by the bank may be obtained. Respond
ent further states that in returning home,
he wrote Hume Of the two propositions he
had made, and had left both with the Board
for its reconsideration, and he had upon
reflection, come 70 the conclusion 10 with
draw the latter, to-wit: the ten per
cent. proposition, and that the bank might
regard nothing before il but the first pro-
position, and this letter, il is stated, was
forwarded TO Nashville. Said answer fur
Their states that, on the 4th Of April, 1865,
Weaver wrote Hume a. follows: See your
lawyers, and il any Of them will agree to
take charge of such paper as we wish to
sue on, and charge us five per cent. on col
lections You are hereby authorized to EN-
ploy them. We prefer giving our paper to
a lawyer Of your place TO employing one
here. As the currency is rapidly improv-
ing, lawyers should begin TO lower their
charges"
The answer alleges that this proposition
was submitted by Hume to respondent,
and declined by him, Hume stating that
he would permit respondent to select such
paper as he thought he could collect, and
pay him FIVE per cent. upon the amount
actually collected, but would allow moth
ing upon such amounts IA might not be
collected, which respondent declined, sta
ting, among other things, that he would in
all cases do has whole duty and expected
TO be paid, whether the bank collected or
not f; that such contracts as was proposed
were not sanctioned by the policy of our
laws, and were ohampertous.
On the 4th of April respondent wrote TO
Weaver, to know If he was still regarded
as the attorney Of tho bank upon the at
tachment bills filed in 1864, stating that he
had filed the bills upon memoranda fur
nished him and did not have the notes
that be foresaw difficult questions Of law
arising, and that the entire paper sued on
had better come into the hands Of one at
torney. Accompanying this was a printed
letter, stating in substance the schedule OF
fees adopted on the 10th Of June, 1864.
and calling Viewers attention particularly
10 the terms Of said schedule as regards
payment Of fees in advance, etc, etc.
On the 9th Of April, 1865, Weaver re-
piled in substance, the hank does regard
YOU as its attorney upon all the paper.
upon WHICH you have taken attachment.
a. we'll against the makers a. indorseis
On the Sth Of April Weaver wrote to Hume
to see respondent and ascertain il he would
not modify his proposition, made in Nash.
vile; respondent saws after consulting with
the bar At GAINESVILLE, he wroteto Hume, on
the 10Th Of April, 1865, as follows:
"rhe bank aud myself are both peculiar
Nv situated when our schedule was adopt
ed bad the bank specially exempted from
its provisions, bat this exemption was
granted to me and not 70 ana ofleT member OF
the bar. Had the bank not been exempted
/ could not, nor can any member Of the
bar, honorably defect from the rule This
being so, and as alone can treat with the
hank, am disposed TO be liberal towards
IT, have therefore assembled the
principal members Of the bar, and after
full consultation with them have conclu-
ded 30 modify The proposition made 81
Nashville, though the bar thinks that the
Nashville proposition IL sufficiently low.
Ny object, if possible, is 70 satisfy the
bank and not be attorney fer and against
il in the same court where the same pTin-
eiples Of Law are involved. For the bank
cannot surely expect me II il places ils