The San Francisco call., 1897-08-19
EZ-JUDGE LEVY
TN LITIGATION
Edward E. Kellogg, a
Former Client, Com
plains Bitterly.
Says He Was Defrauded by His
Attorney While He Was
Drunk.
Judge Hebbard Says the Only Question
in the Case Is the Plaintiffs
Competency.


Judge Hebbard's department of the
Superior Court yesterday. The action is
entitled Mau VS.. Levy, but in the proceed
ings it is throughout assumed that the
real plaintiff is the main parry In interest,
namely Edward E. Kellogg, son OF the
late Calvin W. Kellogg In fact Mr.. kel-
Iogg is at all times mentioned as the plain
tiff, the assignee, Mau, appearing only
wnen the formal pleadlngs are read.
The complaint alleges that Kellogg was
induced to sign a contract whereby he
was to give Mr.. Levy half of all that he
could recover from the estate Of the late
Calvin w. Kellogg, who left property estl-
mated to be worth about S50O,0OO. Kellogg
says that he was taken to LeYy's office
by one A. E. Taylor, who is described as
runner for Judge Levy while he, the
said kellogg, was too drunk to know what
he was doing, and that he was not men
tally competent to make a valid contract
at the time he appended his signature.
He charges that Mr.. Levy took an un-
fair advantage Of him and By his acts IN
the premises defrauded him of his prop
erty. He says that there was nothing
important for an attorney to do in the
case either in or out of court, and that as
a matter of fact Mr.. Levy never per-
formed any services of any considerable
value. He declares that he is willing to
pay all the services are worth and asks
for bill of particulars SO that the court
may fix the fees at q reasonable figure
In conclusion he demands judgment
against Levy for the sum OF $1,000.
Attorney L. E. Phillips opened the trial
bv reading the complaint after which
Mr.. Levy asked permission to make
statement OF his position in the liti9 alton.
Ha
the allegations of the complaint
and said he would prove that the
plaintiff Kellogg called at his Office
before the death of kellogg Sr.
and said he had no expectation OF receiv-
ing anything from the estate. However,
he wished to retain the services of an
attorney, and in accordance with their
verbal agree ment the contract now In
court was drawn and executed; that the
plaintiff (Kellogg) had a copy OF the
agreement and acted uE1er it for two
wears, taking all the money that the ex-
ecutors of his fathers estate could be in
duced to give up, less the amount that he
had agreed to pay his attorney. so des-
perate we're the chances OF the plaintiff
(Kellogg) considered in the litigation that
even the attorney who brought this suit
admitted that Kellogg was not entitled 10
81, vet he had secured not less than $4700
f,r him from the estate. Mr.. Levy added:
I'VE expect to show that this claim was
assigned to Mr.. Mau for 81 so and that
Mr.. Kellogg did this because he said he
was ashamed to appear in court against
Judge Levy, who had been so kind to
him."
A. E. Taylor, the so.called runner"
testified that he had a conversation with
Edward E. Kellogg about the death of his
tatner, Calvin W. kellogg, and continued:
Il took Mr. Kellogg to Mr.. Levy's private
%olI ali
father was about to die and that he was in
need of lawyer. Mr.. Levy agreed to act
as Mr.. Kellogg's attorney, and gave him
$40 because l told him that Mr.. kellogg
was penniLess. Afterward ne gave about
$50 10 Mr.. Kellogg when he needed the
money. l saw the money pass.
This contract was signed in my pres
ence. Mr. Nougues produced it in Judge
Levy's private Office Judge Lew did not
request me 20 get MIR. Kellogg 1t was NJ.
S. Mengass who asked me to do that. So
/ went and found him and delivered Mr..
Mengass' message. We went together to
Mr.. Mengass' house On Pacific avenue.
We had drink and Mr.. Nougues asked
him 10 read over the contract carefully
and sign it. We had two drinks of whisky
at Mr.. Mengass' house. Mr.. kellogg said
he would refuse to sign the contract until
he had a chance to get the advice of Mr.
Donnel. We went to MIR. Levy's office
and took several drinks on the way, which
were paid for by Mr.. Nougues. / don't
know what relation Mr.. Nougues h ad with
Mr.. Levy. When We reached the office
Mr.. Levy was not there. Mr.. Kellogg
again refused TO sign unless l would go
and get Mr.. Donnell, so be could consult
with him. promised to do so and went
downstairs and stood down by the door.
Tor about half an hour. Will l was
was absent from the room Mr.. Mengass
took him out to saloon and l suppose
he took another drink.
What the witness supposed" was
promptly stricken out by the court.
when ! re urned to the room in Judge
Levy's office told Mr.. Kellogg that did
not go for Mr.. Donnell. because it was a
long way and l had no carfare," contin-
ued the witness.
Thereupon arose controversy as to the
method of the signing OF the. contract. 1t
was brought out that Taylor signed as
witness first, ana that Mr.. Kellogg signed
afterward.
"Isn't it fact that he was induced to
sign the contract by you saying, I'll show
you that Pm not afraid of this contract,
and that you rhereTpon affixed your
name? asked Mr.. Phillips.
The question in this form was ruled out,
but the witness finally succeeded in get
ting on The r. cord the fact that he argued
with Mr.. Kellogg and told him the con-
tract was fair, all things considered, after
which Mr.. Kellogg signed it. {
Judge Hebbard thought it would be
necessary TO show that Kellogg was ad-
dicted to the use of intoxicants to such a
degree that he was incapacitated before
any point could be made on that question.
Ii would not do to consider invalid every
contract made by men who drink once in
while.
Witness Taylor denied that he ever told
Mr.. Levy that Mr.. Kellogg was a dissi-
pated man. Mr.. Levy was able 10 Judge
for himself 1t was a fact that Kellogg
was drunk most of the time after he got
some money from his fathers estate
Mr.. Terry announced that Judge Levy
made no objection to leading questio ons,
and Mr.. Phillips asked:
Didn't Kellogg tell you that he in
tended to employ George A. Knight as his
attorney, and didn't you advise him TO
employ Judge Levy p
YES"
Didn't you talk with Judge Levy be-
fore that and didn't he say for you to
bring Kellogg to him instead of havine
him 20 to Mr.. Knight and that he would
pay you well, that is make it well worth
your whlis?"
81 don't remember"
Didn't you tell Mr.. Temple so at bis
Office on Larkin street at the time of the
signing of an affidavit touching this mat
n