Lombardi
Lombardi v. Kalloch
Opinion
Lead Opinion
The plaintiff, Lottie R. Lombardi, brought suit against the defendants, I. M. Kalloch and Francis Fox, copartners and attorneys at law, to recover the sum of one thousand dollars, which it was contended they had retained from her in making a settlement of a suit for divorce between herself and her husband, said attorneys at that time being her counsel in the conduct of that suit. The defense presented by the defendants was that the settlement had been made with her full knowledge and concurrence, and that she was fully informed at the time the settlement was made that one of the conditions of the settlement of the property rights of the contending parties was that one thousand dollars of the money which she was to receive as a part of that settlement was to be paid to her attorneys as their counsel fee for representing her in the entire matter, and that she had at the time of that settlement, and with full knowledge as to what its terms were and as- to what her counsel were to receive out of the settlement, signed an agreement in which it had been expressly stated that their fees, to be retained by them out of the money she was to receive, were to be the sum of one thousand…