Stone v. Conkle

TYLER, P. J.

The plaintiff, George C. Stone, is the assignee of one Carroll Bucher and of the firm of Faulkner, Doyle & Sanford of their account against defendants and respondents for legal services rendered and for costs advanced in the sum of $1162.50. Carroll Bucher is an attorney at law, as are also George C. Faulkner, William T. Doyle and Henry G. Sanford, who compose the law firm of Faulkner, Doyle & Sanford. The respondents, Joseph Conkle and Myrtle Conkle are husband and wife. Prior to 1936, re

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spondent Myrtle Conkle had been committed to Agnew State . Hospital for the insane upon the complaint of her husband. Thereafter she had been judicially declared incompetent and her husband Joseph Conkle had been appointed guardian of her person and estate. In the early part of 1936, while on parole from Agnew State Hospital, respondent Myrtle Conkle visited her sister and brother-in-law, Mrs. and Mr. L. S. Durben, at their home in Santa Barbara, and while there she and her brother-in-law consulted Carroll Bucher with reference to initiating proceedings to restore her to competency. Bucher examined the records in San Mateo County and at Agnew and filed the petition as requested. At that time he was called east and had no opportunity to prepare for the trial. In May of 1936 Durben and Mrs. Conkle came to the offices of Faulkner, Doyle & Sanford and consulted Mr. Doyle. Mr. Durben advised Mr. Doyle that Mr. Bucher had referred Mrs. Conkle and him to that firm and that he understood they were to proceed with the case. All but one of the conversations had by Mr. Doyle in connection with the matter were with Mrs. Conkle. Any arrangements that might theretofore have been made between Bucher and Durben or Mrs. Conkle were not discussed with or by Mr. Doyle at any time, Doyle particularly informing Mr. Durben and Mrs. Conkle that the firm of Faulkner, Doyle & Sanford was looking to Mrs. Conkle and her property for reimbursement for services to be rendered by them. Thereafter Faulkner, Doyle & Sanford proceeded with the preparation of the trial, employing a skilled psychiatrist; the trial lasted for a period of three days. The petition for restoration was contested by the husband and guardian, Joseph Conkle. At the conclusion of the trial the jury rendered a unanimous verdict restoring Myrtle Conkle to competency.

After her restoration, Mrs. Conkle employed the firm of Faulkner, Doyle & Sanford to file proceedings for divorce against her husband on the ground of extreme cruelty. The divorce complaint was prepared and filed and subsequently certain alimony and counsel fees were awarded the wife. Likewise, subsequent to her restoration to competency, Myrtle Conkle employed the firm of Faulkner, Doyle & Sanford in an ancillary proceeding to compel respondent Joseph Conkle to account as guardian for his administration of the estate