Rieck

Action by a client against her former attorney for money had and received and an accounting.

The complaint contains three causes of action. Under the first it is alleged in substance that on or about the first day of May, 1919, plaintiff employed the defendant as her legal adviser at an agreed fee of $10,000, which sum plaintiff paid to the defendant; that between the first day of May, 1919, and the first day of November, 1920, plaintiff paid into the hands of defendant at his request, but for her use and benefit, the sum of $6,950.75, for which defendant promised and agreed to truly and honestly account for, which he failed to do. The second cause of action alleges that between the sixth day of August, 1919, and the first day of January, 1921, the defendant received from divers and sundry persons the sum of $8,093.95 to and for the use of plaintiff. The third sets forth that between the first day of January, 1920, and the thirty-first day of December, 1920, plaintiff, at the request and upon the advice of defendant, paid into his hands the sum of $20,500 which defendant represented he could loan to third persons upon their secured promissory notes, and that, acting upon such…