Daniel E. Moore v. Frank T. Greene

This is an appeal by Daniel E. Moore from judgments rendered against him on four counterclaims arising out of his action brought against Frank T. Greene.

Appellant, an attorney in Bisbee, Arizona, brought suit in 1965 against Greene, a resident of California and a former client of his, for non-payment of attorney fees totalling $300,000. Greene, in his answer, alleged that he had paid in full for all legal services rendered by Moore and instituted eleven counterclaims against Moore. At pretrial conference, Moore abandoned his original complaint. Prior to trial, one of the counterclaims was settled, and the matter went to trial on the ten remaining counterclaims. After a lengthy-jury trial, judgments were entered on verdicts for Greene on four of the counterclaims. These may be categorized as follows:

Moore appeals as to each part of the judgment. We consider each separately:

(1) The promissory notes

Moore admitted the existence of the notes and that they constituted evidence of loans made to him by Greene in 1960 and 1961. He further admitted that they had not been paid, but claimed that their sum was exceeded by legal fees owed him by Greene and that it was originally agreed…