Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1868-12-30

additional fee viii be charged in any OF the courts how
long and severely Irrigated, aud whether not
than suit may be brought the instrument;
win charge anything for writing mortgages deeds
of trust taking dispositions, anything Of the kind The
per cent is to all trouble and all SUITS and all
The bank 20 pay all necessary expenses and any
fee over toe ten per cent may have to pay any attor
ney at distance, but in making this latter proposition
the band must place all its claims eff every sort coat
erals, etc, into my hands and not select out claims
The answer states that this proposition handed to
Weaver, and in day or two subsequent Weaver stated
to respondent that the Board prepared accept
the proposition. and thereup9n March s, 1861 Weaver
wrote Hume IN substance that Hornberger proposition
had been rejected by the Board and ordering 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 he'd by the branch may be
Obtained Respondent further states that in returning
home, he wrote Hme of the two propositions he had
made and had left both with the Board for its reeonsd
Grafton, and he had, upon reflection the couclu
sion to withdraw teatter, tot: the per pro-
positions and that the bank might regard nothing before
Il but the first proposition and this letter, is stated,
forwarded to Nashville. Said answer further
that, the 4th Of April 1866, Weaver wrote Hume
follows: "See your lawyers and II any Of them viii
agree to take charge Of such paper wish to
and charge five per collections, you hereby
authorized to employ them We prefer giving to
is rapidly Improving lawyers should begin TO lower their char
The anrwer alleges that this proposition was submitted By
Hume to respondent and declined by him, Hume stating that
he could collect and pay him Eve cent upon the
actually collected but would allow nothing upon uch amounts
might collected which respondent declined stating
among otef things that he would in all cases do his whole @
~ and expected 20 be paid whether the bank collected
the policy Of our laws, and we're champsrtous
On the 4 Of April respondent wrote to Weaver to know
tacment bills hed in 1854 stating also that he had Hed the
bs upon memoranda furnished him and did not have the
notes. that he foresaw difficult questions Law arising and
that the entire paper had into the hands
stating substance the schedule Of fees adopted on the 10Th
o. june 1861 and calling Weayer attention particularly to
the terms Of sale schedule as regards payment Of fees in ad
On the 9Th Of April 1866, replied substance "the
which you have taken attachment well against the makers
as On the S Of APr Weaver wrote to y, HGns to
son, made in Nashville; respondent after consulting
with the bar at carksve he wrote to Hume, the 10th Of
1.-THE bank and myself are both peculiarly situated when
schedule adopted had the bank specially exempted
from provisions this exemption granted
any other member the bar
ably defect from tie rule This Bel So and a. alone can
treas with the bank am disposed to be lbera towards IT,
have hereore assembled the principal members Of the bar
and after full consultation with them have concluded to mod
the Nashville proposition is sufficiently low Ay object pcs
sbe Is to satisfy the bank and not be attorney for and against
voved For the cannot surely expect me- places les
business the hands OF another attorney net TO take fees
one side and think Il to the interest OF the bank that should
the ban to employ an attorney ~ NASHVILLE such being my
feeling and views submit the folosing modified proposition
cases al law eight per cent Ali ungsted cases in equity
four Per cent All gated in equity, eight per cent All
ungated appeals the Supreme Court two per All
ntigated appeals the supreme Court four per cent
The old rule with the bank as follows;
GAN nnlitgated claims law, and half per cent All
gated claims at law from and half TO twelve and
hall per cent generally ten per cent An untgated in
equity, from hYe to seven and half per cent All hgaed
equity from and half twelve and half
cent All fees in the Supreme Court athe discretion Of the at
must be remembered that at the time this rule was adopt
ed paper money at with gold and The price ofvng
several hundred per cheaper this that
the bank see that not disposed be ilbera with it,
and The above modified proposition does suit H. let it
make II certainly cannot expect to work for nothing
am not willing to select out papers desire to take charge
Of the whole papers and, possible make dollar due
upon it, HoEever such paper the bank regard in
solvent, am lgsted, willing reduce Judgments
for per cent for nothing My opinion from the slight
frem Nashville Is, that there few that
may be regarded as some 0 u T TeSos
anxious for have the business he whole Of it,
you say sad the fact that other attorney here privileged
defect from tue schedule, put my fees
lower thaI think they should bethen do not desire TO be
come up s therefore seems me- things considered that
the bank oud accept my Nashville proposition Il appears
thst the merely In the light Of simple
trustee receiver collector that is, attorney who
merely issue writ ne declaration calculate interest give
cheap bank attorneys here and they were dear attorneys IN
can nd him but before Is is through with ice litigation win
be hunting for real iona dde iagger regardless OF prices
more IN some days clearly satisfied that
much OF the Business here i'll require not mere coeetoT
ges along with s litigation here ard have out one
nav. w
g within 1t must remember that eur courts VIII
charge business win have much he do at prices or
rates greater than Offers This being clearly
OF the opinion at The scnd accept my Nashville propo
siton though the modified had never been made
However propositions before it, and do il
pleases Tho hank should carry heart well the
head attorney Its business and not desire ia
respect parayEe his dsefunsss to IT, wish to do what
is right matter and il know myself will do it. Let
bank meet with the same generous spirit and we will
On the 18th Of April 1895, Weaver Humes fol-
ON reply to HOrnbergers letter the 10th inst, and
yours of the Itth, accept his proposition viz All unt-
s9d at Law" per 6, al IN es1fS four
cent all gaed equity, eight per cent all unlit-
gsed appeals to Supreme Court two all Irrigated
The and bill further alleges that 10 pur-
uauce az ageemen all the assets amounting to more
than hundred thousand dollars into the hands Of
respondent and says at the time the claims came 20 ne Ge
would pay them he bad the money but that he had sent
all money Nashville and defendant would have to
ply there This April 22d 1865 On the 22d Of May
1906 defendan wrote to Weaver that be would need
600 and addition this letter stated 81 ineose you the
rules of our bar According them and arrangement
the right call the bank for two per
cent all amount Of claims placed IN my hands rms
do desire do unless the bank should prefer to pay IT,
etc. etc prefer giving my ndvdSs note 70 the . esnH
ing absolute payment will receive i as such vii
that have collected fees from the bank for som
time before the war In ADDITION 70 ths upon me %
ment bills filed last Mnrch year, and upon the bill
Of the bank security immense smount should this
bank, however prefer to pay all fees due to date W g
bank DESTROYS to wind up as see from letter h
| Mr.. Hume"
To this on the oath Of May, 1855 Weaver replied al
Won viii send your account Of past viii pay it,
On the 25th of May Hornberger replied II VIII draw
my account for fees due soon as cam and VIII send
On 1it Of June 1866 among other things Hornber-
ger wrote substance owing press of business he
had the accounts but stated that he needed
$1,000 and am eompeea e can upon y0o M N YrE S
hundred dollars each, and charge me with the same UNI
time mako ont the accounts, or If preferred VII
| nd M the same
| On tile 10th Of June, 1855, Weaver wrote follows
Please nclosed four checks IN your favor on Maa
haitian Company New York. $500 EACH 1900 to de
bit your Please send your receipts for same
On the Sd of July 1862 the bank made an assignment
al secure, rst, the holders Of the issue second
" the creditors generally pro rata and 90 the sen o. ~
1865 respondent came to Nashville bringing VITA nan
the promised accounts, and demanded payment Weave
pa rim So o0O Respondent then asked to be released
surety upon the attachment and bonds which wa
refused the 26rh day of November, 1860, responder
wrote that he held some IN greenbacks an
Planters Bank money and desired TO be released but set uI
his claim ss an attorney fees and claimed that this iyT
w. f1nSs in his hands nt he should released from th
bonds Unidentified Respondent then made VISIT 70 Nsn
vie and had an interview with Weaver in which the who'll
matter open in the foregoing was take
but which resulted in nothing sssaetory , IN a,
answer and cross b but all Of which relates % the orig
I pndrstanding and agreement recapitulhton Of III
Don5ent sets out the then due him follows
a account Of attachment bills fled between March
is 1894 and March, 1865 'ii'e4
Account re for equity cases since the papers were
Account i t J I.s.-,si,,sy cases in eouity 1000
Account l loi ~ cioSSrt s3.4
s52, l23
!. v, - -, mt ,,as,i and interest 6,l6s.S
S46,2a3g
tfeb sum SIS 55Sl2 fees On the new business
"a in his same letter t Is suggested that by the sohed
nondent would be justified in charging the oommiso
% retyship the bank, and this would make the Zee
some 600 and while this was NO part o. se Pc
mi account vet would be charged II the foregoing sur
- rt nad also said letter suggests that tue Uahk y"
- - nav tyo or fees many Of tho cases that al
ia AZ law bills would have 60 BE hled IN equity
~ - sse aaduen o0nyeyaRoes, etc. and this would ~
r. bis letter Weaver replied, January H. 1866 IN sal
~ he would expect HornbeTgeT, es The attorney