Rensselaer Semi-Weekly Republican, Volume 40, Number 36, Rensselaer, Jasper County, 10 January 1908 — Appellate Court Favors Baughman & Williams. [ARTICLE]

Appellate Court Favors Baughman & Williams.

The appellate court, opiaion b j Judge koby, has just reversed the decision of the Newton circuit court, in the case of Baughman & Williams vs. John C.Lowe. The details of this earn will be remembered by many Rensselaer people. Baughman & Williams were attorneys for Lowe, and had collected money for him, and on the last day that the McCoy bank was open he had made a settlement with them, and they started over to the bank with him to get his money, a balance of $629.24. Seeing that the bank was closed, supposedly for the evening’s business, they went back to the plaintiff’s law office, and made arrangement* to accept $lO more with which to settle with another attorney. He expressed a willingness to accept a check for the amount, which he expected to collect thru a Monti cello 1 bank. As the bank of the McCoys did not open up ou Monday morning the check was not collected, and the question arose as to whether the attorneys should fall for the loss or whethsr the client should. The Newton circuit court decided iu favor of Lowe, but new the appellate court has reversed the decision. Judge Roby said: “Certainly no one but himself was responsible for payment not being made in money, and when his action in that respect was probably influenced by his desire to get $lO out of the attorney fee, it was, nevertheless his action. .- Of course none of the parties anticipated the failure of the bank, but consequent facts not within their contemplation do uot bear / upon their original Counsel failed to indicate any evLU, dence tending to show that tb+ check was uot accepted in payment of the debt. ******* When appellee took the" ehe<6k fn preference to the money in payment of the amount due him it became his check, j net as if appellant had paid him so much money, aud the debt was extinguished.”