The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-07
The WIDOW and The LAWYER
MIGHTY LITTLELEFT TO Mrs. CAR
TIEROF IN INSURANCE POLICY

Lawyer Took n Third Tor CoIlccting, REF.
ercnce Cost q Third ann m widows
Third Seemed w Small sire went TO
ludke. VINO Upset the Proceedings.
william r. Spooner. a lawyer. was ordered
by Justice Dayton In the Supreme Court
yesterday to deposit within ten days In
court the sum Of 81. $50 in cash II he wants a
stay pending appeal to the Appellate Di-
vision from a ruling by Justice TruaS. The
latter held that a fee Of 81 .038. 20, collected
bxSpooner for collecting a policy for $4,000
fof Mrs. Emeline Cartier, was excessive.
The policy was on the life Of Mrs. Carriers
husband and taken out with the Royal
Society Of Good Fellows. Mrs. Carriers
husband was a member Of the Greenwich
Council Of this order. He disappeared
from his home in January. 1897. Mrs.
Cartier continued payment of the premiums.
and In April. 1904. retained Lawyer Spooner
10 collect the 5000 called for by the policy.
as her husband. having been missing seven
years. was presumably dead.
Spooner, who was premier OF the Supreme
Council and general counsel for the Royal
Society OF Good Fellows. alleged that he
had a verbal agreement with Mrs. Cartier
whereby he was to receive 80 per cent. OF
all moneys obtained from the society over
the premiums paid on the policy by
Mrs. Cartier. The dues and assessments
amounted to S92e.4i.
The Supreme Council of the Royal Society
Of Good Fellows unanimously approved
of Mrs. Carriers claim. They insisted,
however, on her depositing a bond for the
repayment OF the amount Of the policy in
the event Of her husband reappearing.
Spooper deposited 81 ,soa.2i to the credit
OF Mrs. Cartier, after securing the payment
Of the policy, retaining the balance as his
share under the agreement. Mrs. Cartier
refused to accept this amount and o
the matter INTO court. Justice Amend
referred it to Richard A. Clarke, who found
that Spooner's fee was not unreasonable
The cost OF the reference was s923.i 10 and
Spooner entered judgment for that amount
against Mrs. Cartier.
The case was reopened and Justice Truax
held that Spooner's charges were unreason-
able and cut his fee down TO $500. Justice
Truax said:
IAN the services that the respondent
inR single day, and consisted in the respond
ent's advising a benevolent order, OF which
order he was an officer OK oficio, to allow
the claim that the petitioner had against
the order for 5000 upon a certificate OF
insurance issued to the petitioners husband,
who was q member Of the order. For these
services the respondent claims the sum OF
81 ,o3e.7 70. His claim based upon tbe special
agreement inc be sustained. Even
II 1t be considered hat the respondent has
proved that there was such a special agree
nient, the special agreement was uncon-
scionable.
Before the petitioner couid obtain the
money she was compelled to give to the
order an undertaking to repay to 1t the
sum paid by IL to her; in other words she
was compelled to give to the order an UNDER
taking to pay back to the order in a certain
contingency this very sum OF 81 1885, 10
retained by the respondent, and IL she were
90 compelled to pay back she money the
respondent would receive sl,038.o for Q
few moments services which were of nc
benefit TO the petitioner. I am also OF
the opinion that the evidence does not
warrant the finding Of the referee that
the services were OF the value placed by
him upon hem
The weight Of the evidence fixes the
value OF the services at not more than
$500, and l allow the respondent that sum.
The respondent. by claiming more than he
should have claimed. made IL necessary
for the petitioner to take this proceeding.
The expenses OF the reference amount to
more than $500. II the respondent had
claimed What he ought to m claimed
these expenses would not have been in
CURED. l therefore do not allow the re-
epondent any costs or disbursements OF
this proceeding"
Under this ruling Spooner Ia saddled
With the expenses Of the reference. From
this decision he has taken an appeal.