Capital Trust Co. v. Calhoun,
250 U.S. 208 (1919)

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U.S. Supreme Court

Capital Trust Co. v. Calhoun, 250 U.S. 208 (1919)

Capital Trust Co. v. Calhoun

No. 368

Argued May 2, 1919

Decided June 2, 1919.

250 U.S. 208


For the prosecution of a claim for taking and use of private property in the Civil War, claimant agreed to pay an attorney's fee of 50% of the amount to be collected, to be a lien on any warrant to be issued in payment of the claim; the bill was referred by the Senate under § 14 of the Act of March 3, 1887, c. 359, 24 Stat. 505, now Jud.Code § 151, to the Court of Claims, where, after evidence and trial, favorable findings were secured, upon which Congress appropriated an amount in payment, but with the restriction that no part thereof in excess of 20% should be paid to or received by any attorney on account of services rendered in connection with the claim, the act further declaring it a misdemeanor for any attorney to exact or receive for such services any sum exceeding that percentage of the amount appropriated, any contract to the contrary notwithstanding.

Page 250 U. S. 209

Assuming the provision for a lien not violative of Rev.Stats. § 3477, and the contract valid when made, held that while the attorney's right to collect his fee from other assets of the client was not affected, the restriction as to the fund appropriated was within the power of Congress, and did not deprive him of property or of liberty of contract without due process, although subsequent to the making of the contract and rendition of the services. P. 250 U. S. 217.

177 Ky. 518 reversed.

The case is stated in the opinion.

Page 250 U. S. 212

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