Chase

The action was one in claim and delivery. The facts as found by the court are these: Plaintiff, the payee of a promissory note for $2,000, intrusted same with defendants, a collection agency, with authority to collect, upon an agreement to pay fifteen per cent on all moneys collected thereon. The note was assigned to defendants for collection and a suit instituted, pending which a settlement was effected through which the payor paid in money to plaintiff $547.50, transferred ten shares of corporate stock, and executed a new note to the original payee for $600. Plaintiff paid to defendants the sum of $81, as commission on such collection, and transferred the certificate of stock for ten shares, under an agreement that fifteen per cent thereof, or one and one-half shares, should be transferred to defendants, and the remaining eight and one-half shares to plaintiff. The court finds that this payment and transfer were in full settlement of all accounts due defendants for effecting such settlement; that on the date of such settlement plaintiff delivered said $600 note to defendants upon the further agreement that they should retain fifteen per cent of any sum collected thereon.…