{
  "id": 1484987,
  "name": "Barnett v. Wilson",
  "name_abbreviation": "Barnett v. Wilson",
  "decision_date": "1943-11-08",
  "docket_number": "4-7147",
  "first_page": "301",
  "last_page": "304",
  "citations": [
    {
      "type": "official",
      "cite": "206 Ark. 301"
    },
    {
      "type": "parallel",
      "cite": "174 S.W. 940"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 292,
    "char_count": 5493,
    "ocr_confidence": 0.48,
    "sha256": "0123e92946163a21760d3b6f15dce7991aa03a2115a4f274c4b20df1d58e3dc8",
    "simhash": "1:8b8fd51abd230ad9",
    "word_count": 902
  },
  "last_updated": "2023-07-14T15:20:24.664732+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Barnett v. Wilson."
    ],
    "opinions": [
      {
        "text": "Holt, J.\nApril 12, 1942, appellee, an attorney at law, sued appellant, physician, in the Ouachita circuit court, 2nd Division, for professional services rendered appellant. He set out in his complaint, in twelve separate paragraphs, amounts due for certain services, and after allowing certain credits prayed for judgment in the amount of $432.10. Appellant answered with a denial that he owed appellee anything, alleged an agreement to exchange professional services, and by way of cross-complaint sought to recover from appellee $309.25 for services alleged to have been rendered to appellee.\nOn motion of appellant, the cause was transferred to the chancery court, it appearing that an involved accounting between the parties would be necessary. Upon a trial, at which a great amount of testimony was presented by both parties, the cause was submitted on briefs, and the court after allowing appellant $35 on his cross-complaint, entered a decree in favor of appellee for balance due in the amount of $92.87. This appeal followed.\nAppellant says the issues in this case are: (1) \u2018 \u2018 Was there an agreement, either expressed or implied, to exchange professional services? (2) If there were an agreement to exchange professional services, what items of service were covered? (3) Is the. appellant personally liable for services rendered to the estate of L. F. Barnett by appellee, of which the appellant was administrator? (4) If the appellant is liable personally to the appellee for services rendered the estate of which the appellant was the administrator, can the appellee, as attorney for the appellant, accept the funds of the estate, which were delivered to appellee at his request, for the purpose of paying and discharging certain obligations of the estate, and convert them to his own use, and when pressed for an accounting of the funds be permitted to give appellant credit on his personal account for the funds so received? (5) Can an attorney accept trust funds paid to him at his request, for a specific purpose and for which \u2022 he agreed to use the funds, and convert to his own use and credit the same upon the personal account of the administrator who paid said funds to the attorney?\u201d\nThe primary question presented is one of fact and under the long established rule of this court, unless it appears that the findings of the trial court are against the preponderance of the testimony, it is our duty to affirm the decree..\nAppellant earnestly contended below, and argues here, that the parties to this litigation had an agreement to exchange professional services. The court, however, found to the contrary, and we cannot say, after a careful review of the evidence on this point, that his finding is contrary to the preponderance of the testimony. It could serve no useful purpose to embody in this opinion the testimony on this, and the other issues raised by appellant, on which the court based its findings and decree. It suffices to say that, after a careful review of all the testimony, we think it cannot be said the court\u2019s findings are contrary to the preponderance of the testimony.\nWith one exception, the lower court found that appellee, Wilson, represented appellant, Barnett, individually and personally in every instance, wherein appellee makes claim for services rendered appellant, and that he did not represent Barnett as administrator for the Barnett estate, and that in the one instance where appellee represented, the estate, appellant paid him in full for such services. This finding, as indicated, was, we think, supported by a preponderance of the evidence.\nThe record discloses that many of the checks given to appellee, by appellant, in payment for services rendered, were signed by appellant as administrator of the estate of L. F. Barnett and drawn on funds belonging to the estate. Appellee gave full credit for all of these checks on appellant\u2019s account, for services which appellee had rendered appellant individually. It further appears that appellant, in making his reports to the probate court, has never claimed the amounts represented by these checks which he gave to appellee, supra, as a charge against the Barnett estate, of which he, appellant, was administrator, nor did appellant report the alleged employment of Mr. Wilson to the probate court, or secure the court\u2019s approval of such employment. It also appears that another-capable attorney had been employed by, and was at all times, representing the administrator of the estate. These facts, we think, strongly support the court\u2019s finding that appellee represented appellant individually and not as administrator.\nAppellant argues that an attorney could not \u201c accept trust funds paid to him at his request, for a specific purpose and for which he agreed to use the funds, and convert to his own use and credit the same upon the personal account of the administrator who paid said funds to the attorney.\u201d We think the answer to this contention is-that the heirs of the Barnett estate are not parties to this suit. They are not complaining here. If appellant has wrongfully paid out trust funds in his hands, then this is a matter-which, as the trial court found, addresses itself .to the consideration of the probate\" court upon proper proceedings in that court by the parties affected.\nFinding no error, the decree is affirmed.",
        "type": "majority",
        "author": "Holt, J."
      }
    ],
    "attorneys": [
      "O. E. Westfall and L. W. Bower, for appellant.",
      "R. K. Mason, for appellee."
    ],
    "corrections": "",
    "head_matter": "Barnett v. Wilson.\n4-7147\n174 S. W. 940\nOpinion delivered November 8, 1943.\nO. E. Westfall and L. W. Bower, for appellant.\nR. K. Mason, for appellee."
  },
  "file_name": "0301-01",
  "first_page_order": 321,
  "last_page_order": 324
}