National Automobile & Casualty Insurance v. Atkins

Opinion

KINGSLEY, J.

In 1965, defendant attorneys (hereinafter “attorneys”) acting as counsel for William Snyder, brought suit against Columbia News

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on five alleged causes of action. Snyder alleged that he was the assignee of Evelyn Shulem, who, in turn was the assignee of Aero Press, the original obligee of the claims sued on. Still acting as counsel for Snyder, the attorneys caused attachments to be levied on bank accounts of Columbia and, iri connection therewith, procured attachment bonds from National. The declarations for attachment, and the application to National, were executed by Snyder and not by the attorneys.

Except for responsive pleadings by Columbia, the action apparently remained dormant. On November 30, 1967, Snyder died; his widow was

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appointed as administratrix-with-the-will-annexed of Snyder’s estate, with the same attorneys acting as her counsel in the probate matter. No further action was taken in the Snyder-Columbia suit and, on November 4, 1970, it was dismissed pursuant to section 583 of the Code of Civil Procedure.

Thereafter Columbia sued National on the attachment bond, recovering $3,500 as damages for the attachments. National cross-complained, in that action, against the attorneys, alleging “malpractice” on their part in not pursuing the Snyder-Columbia action with diligence and in not advising National of Snyder’s death'in time for National to file a claim in the probate proceedings.

Based on findings that the attorneys were negligent in not pursuing the Snyder-Columbia action, the trial court gave judgment in favor of National and against the attorneys for $3,500 and costs. The attorneys have appealed; \\ye reverse.

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We first consider the contention made in National’s brief (although not mentioned in the findings of fact) that the attorneys became liable to National because the attorneys did not advise National of Snyder’s death, so that National could file a claim in the Snyder estate.