Matthiesen v. Smith

[480]

TYLER, P. J.

Action to recover the reasonable value of legal services. The services were rendered by plaintiff’s assignors, McKinstry, Haber & Coombes, practicing attorneys in San Francisco, in bringing suit and collecting in full both principal and interest on six promissory 'notes in the amount of $171,358.08, the payment of which had been refused by the maker on demand of the payee for whom plaintiff’s assignors instituted suit. The case was tried before a jury which awarded plaintiff the sum of $12,500, inclusive of court costs of $74.83 which had been paid by defendant on demand, leaving a balance of $12,425.17, for which amount the jury unanimously awarded plaintiff a verdict herein.

It is appellant’s contention on this appeal that the amount so. awarded is grossly excessive—so much so as to shock the conscience—having in mind the character of the services required and rendered, the responsibility assumed by the attorneys, the simplicity of the issues involved, the time and effort devoted by the attorneys to the case, the fact that the notes were paid in full before trial, that the merits of the defense were never ruled upon by the court, and that the services were not rendered on a contingent basis, but for a client financially responsible.

The facts show that in the year 1933 Bernard E. Smith was the owner of the six promissory notes made by TreadwellYukon Company, a corporation. He placed the notes with the Anglo-California National Bank of San Francisco for collection, with instructions that if they were not paid they should be turned over to an attorney for collection. Upon presentation payment upon the notes was refused and the bank then instructed one' of its attorneys, Joseph Haber, Jr., to sue and attach and press the case to judgment as promptly as possible. Mr. Haber prepared the complaint on the notes, filed the same and procured a levy of attachment. About six weeks thereafter the defendant’s answer was filed. The answer admitted the execution of the notes and the nonpayment thereof, but alleged that Smith had agreed that their payment was to be deferred to certain other indebtedness of the corporation which had not yet been paid. It was not alleged that this agreement was in writing. Mr. Haber filed a general demurrer to the answer and a motion

[481]