Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-03-18

eight per cent; all unlitigated appeals TO
the Supreme Court, two per cent. T; all liti-
gated appeals TO the Supreme Court, four
per cent"
The old rule with the bank was as fol-
lows:
"All unlitigaled claims at law, two and |
half per cent. all litigated claims at |
law, from seven and half to twelve and |
half per cent, generally ten per cent. all
unlitigated cases in equity, from fveto seven |
and half per cent. all litigated cases in
equity. from seven and half to twelve |
and half per cent all fees in the SUI |
preme Court at the discretion Of the attor-
ney"
1t must be remembered that at the time |
this rule was adopted, paper money was
par with gold, and the price Of living sew
eral hundred per cent. cheaper than new.
] write this that the bank may see that |
am not disposed 10 he illiberal with it. l
am exceedingly inclined TO accommodate
myself TO the bank, and il the above modi-
fed proposition does not suit it, let itmake
one. 1t certainly cannot expect me TO
work for nothing. ! am not willing TO Sc
lect out papers. desire to take charge of
the whole paper and, if possible, make
every dollar due upon it. However, such
paper as the bank may regard as insol-
vent, | am, if not litigated, willing TO re-
duce to judgments for one per cent. or for
nothing. My opinion from the slight ex-
animation that / gave the claims of the
bank soon inter- my return from Nashville,
is, that there are very few, if any, that may
be regarded as insolvent. Though some
Of it will require vigilance and attention.
The very fact that You and the bank are 80
anxious for me 10 have the business, (the
whole of it as you say and the fact that no
| other attorney here is privileged TO defect
from the schedule, inelnes me to put my
fees even lower than | think they should
| be-then do not desire to be for and
against the bank, where the same prin-
ciples Of law come up II therefore seems
to me, all things considered, that the bank
| should accept my Nashville proposition.
1t appears to me that the bank views
me merely in the light of a simple
| trustee, receiver or collector that is,
an attorney who can merely issue a writ,
/ file declaration, calculate interest, give
receipt and pay over money. | have a
recollection Of Just such cheap bank attor-
neys here, and they were clear attorneys
in the end. IL the bank is hunting for an
attorney of this Sort it can find him, but
before it is through with its litigation it
will be hunting for a real bona fde lawyer,
regardless of prices, and in place of paying
one attorney, it will be paying two or more,
as Il did in some other days. / am clearly
satisfied that much of the business here
will require not a mere collector, but a
lawyer; and one of vigilance and attention.
| If the bank can get along with its htiga-
| ton here, and have but one attorney to pay,
it will be doing well it should not there
| fore be hesitating with an attorney who is
satisfactory TO it if bis charges are with
in reason. Ii must remember that
our courts will be crowded with
business, and every attorney ft to take
charge of business will have as much az he
can do at prices or rates greater than the
bank Cfiers. This being so, | am clearly
of the opinion that the bank should accept
my Nashville proposition as though the
| modified one had never been made. How
ever, both propositions are before it, and it
can do as il pleases. The bank should
carry the heart IA well as the head of the
attorney into its business, and not desire in
any respect 10 paEalyze his usefulness to it.
| | wish to do what is right in this matter,
and, if / know myself, will do it. Let the
/ bank meet me with the same generous
| spirit, and we will lock arms and go to-
| gether."
On the 18th of April, 1865, Weaver
wrote Hume as follows:
ain reply TO Hornberger's letter of the
| 10th inst, and yours Of the llth, we accept
his proposition, viz: All unlitigated cases
at law, four per cent. all litigateG cases at
| law, eight per cent. all unliiigated cases
in equity, four per cent. F.; all litigated cases
in equity, eight per cent all unlitigated
appeals to Supreme Court, two per cent. I;
all litigated appeals to Supreme Court, four
per cent"
The answer and cross bill further alleges
| that, in pursuance Of this agreement, all
the assets, amounting TO more than five
| hundred thousand dollars, came into the
hands of respondent, and says that at the
| time Hume came to the defendant,
he (Hume) said the fees were to be
in cash, and he would pay them if he
had the money, but that he had sent all
the money to Nashville, and defendant
would have TO apply there. This was
| April 22d, 1865. On the 22d day of May,
1865, the defendant wrote to Weaver that
he would need 5000, and in addition, this
letter stated: i enclose you the rules of
our bar. According to them and our ar
rangement | would have the right to call
upon the bank for two per cent on all
amount of claims placed in my hands.
This ] do not desire to do, unless
the bank should prefer it, etc, ETC.
81 prefer giving my individual note to
the bank for the amount / need. However,
should the bank prefer making an absolute
payment, | will receive it as such. / will
state that | have collected no fees from the
bank for some time before the war. In
addition to this, upon the attachment bills
filed last March was year, and upon the
bills filed this year, and az security for
costs, | am upon the bonds of the bank as
security for an immense amount. Should
the bank, however, prefer TO pay all fees
due to date, | will, 80 soon as ! have time,
make the same ont. | state this as the
bank seems DESTROYS 10 wind up, as | see
from a letter 10 Mr.. Hume"
To this, on the oath of May, 1865,
Weaver replied aft you will send your
account Of past fees, we will pay IT,"
On the 25th of May, Hornberger re-
piled; 81 will draw off my account for fees
due so soon as 1 can, and / will send it to
| you for payment"
On the 18th of June, 1866, among other
things Hornberger wrote in substance, that
owing to press of business lac had not made
out the accounts, but stated that he needed
$4,000, "and am compelled 10 call upon you
for this amount You will please send the
same in drafts on New York, for five hun
bred dollars each, and charge me with the
accounts, or if preferred will send my re-
| ceipis for the same"
On the 10th of June, 1865, Weaver, wrote
as follows: "Please find enclosed our four
checks 10 your favor on Manhattan County
Bank of New York, $500 each, $1,000 to
debit OF your account. Please send your
receipts for same"
To be continued