Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-03-17

made under the contract. That Weaver
admitted his right TO retain commissions
upon the sums collected in the particular
cases, but denied his right TO retain for
other cases, and particularly when the
services we're not rendered, also the de-
iendant claimed the right to hold all
moneys then in his hands, or that would
come to his hands, TO indemnify himselfas
the surety Of the bank for all liabilities he
had assumed as security upon q number of
prosecutions and attachment bonds, which
he had executed in bring the suits. Said bill
further charges that a correspondence be-
tween the parties here sprung up, which
indicated great difference in its practical
results, in the construction each gave the
contract.
That the notes passed to the defendant
for collection in 1864, amounted to about
one hundred thousand dollars; that on
these he had brought suit in 1864 against
some Of the parties, and had again in 1865
brought other suits against these same or
other parties, upon the same claim, and
that he now claims the right 20 charge
commissions, ia each and every case, as if
the demands were different and distinct,
when collaterals were ia his hands. He
also claimed the right 10 charge commits
sions not only upon the principal debts, but
also upon the collaterals that commits
sions made out upon this basis in many
cases, would amount to one-half or two
thirds of the whole debt, while the parties
were wholly insolYent, and with no prop
erty subject to execution. That said cor
respondence showed further difference,
to wit: That Hornberger claimed and
still claims 20 have all fees paid in advance.
That the bank or its officers do not
know what. sums have been collect
| ed, nor from whom these collections
were made. That Hornberger had been
paid the sum Of $4,000 before the differ
ences grew up, and that one of Hornberg-
er's letters dated March 10Th, 1866. shows
that he had collected up TO that date, $751;
43S %, nearly all Of which were in the
notes Of the bank. That Hornberger
claims as due him for monies collected In
1896, about $55, 1000, and also claims
that he should be paid in national cur
rency; that there will not be collected, of
the whole amount turned over 10 him,
more than $4,000, and the greater part
Of this will have to be eventually collected
VIM III hlCG W SCI dHlut CDu-
veyances made by parties who are or will
be sued at law that the Smiths owe the
bank an aggregate debt of about SIS, 900,
evidenced by various notes and bills of
their different firms; that actions at law
have been brought upon these, or some of
them; also suits in equity, and the same
will be litigated in both courts; that when
judgments are obtained, il ever bills will
have to be filed to set aside convey
ances, which will be contested, and that
if part only is finally collected, it is feared
that If defendant was allowed fees upon
the construction Of the contract as claimed.
It would consume the entire amount, as the
double commissions upon each litigation
would swell his fees beyond any concep-
ton the bank or its officers had at the
time the same was entered into, and was
not in accordance with fair construction
Of the contract.
That the bank has always been willing
to pay reasonable compensation for his
services, and actuated by this feeling, did
heretofore pay him for his services in 1864
more than $5000 and finally short time
before the bill was filed, rendered him
$4,000 more, in full of all services rem
dered under the contract and agreed
further to release him of all liability on
bonds as surity in its behalf, and free him
of all charges and responsibility and la.
Dor as the attorney Of the bank. That the
defendant refusing to accept, thereupon he
was notified to act no longer as the attorney
Of the bank, and TO turn over to the agent
Of the bank all the notes, etc, in his hands
as we'll az monies. That defendant
refused to yield his position as attorney or
otherwise comply with the demands of the
notice, but that he still holds the papers
and acts as the attorney of the bank, in
all cases in court and collects money as
such.
The bill prays a discovery from Horn
berger, of all monies he has collected, of
whom, and when, and its kind, and where
it is kept, and that he be ordered to de- |
liver it up, together with all evidences of |
debt, etc, and that he be paid for all SER
vices rendered to the day he was notified |
10 cease acting as the attorney of the bank,
and for all other and proper relief.
THE schdule of fees which ia made an |
exhibit is as follows General retainer not |
less than $50. Counsel and advice in /
every instance not less than SIS. Two per
,ent. on the first $1,000, one per cent. on the
lext $4,000, and one-half per cent on the /
next $4,000 and one-fourth per cent on all /
additional sums provided, the fee shall |
not exceed $500. Counsel and advice one /
rear not less than $25, but this is not to /
include counsel and advice to executors,
rustees agents, guardians, etc, as each of |
hese are special charges"
WRITTEN OPINIONS.
Not less than S25; three per cent on the
irst $1,000, two per cent. on the next $4,000, |
me per cent. on the next $4,000, and one
lalf per cent. on all additional sums, pro-
7ided the fee shall not exceed $1,000.
For writing mortgages and deeds of |
rust, not less than $25; for writing and |
advice three per cent. on the first $1,000, |
wo per cent. on the next $4,000, and one |
per cent. on the next $4,000, and one-half |
per cent on all additional sums, provided |
he fee shall not exceed $1,000.
"DEPosITIoNs
Not less than $40 for each deposition
'or each day employed in taking deposit |
ions $50 IL the attorney is regularly /
employed in the case, not less than S. for
zach deposition, and for days services iu
aking dispositions $25 per day, all costs
md expenses to be paid by the client.
COLLECTION SUITS.
When plaintiff and defendant reside in
county, not less than Eve per
,eut. for collections, whether suit is brought
)r not, and in all other cases not less than
EN- per cent, whether suit is brought or not,
except when the sum exceeds $4,000,
md then such rates as msy be agreed, but
lot less than three per cent where the par
les reside in the county, and seven per
,ent. in other cases. When the defense is
or delay, not less than $40 in any case
wo per cent. on the first $1,000; one per
ent. on the next $4,000; and one-half per
ent. on the next $4,000; and oue-fourth per
'ent. on all additional sums, provided the
ee shall not exceed $500. When the
lebt or claim is litigsted, the fee will be
governed by litigated cases.
JUSTICES OF THE PEACE.
Special retainer not less than SO. &C
ions of forcible entry and detainer not less
han $50, with various charges not neces-
airy to mention.)
CHAECERY COURT.
Special retainer not less than $50.