Phillips v. Isham

In Phillips v. Isham (1951) 105 Cal. App. 2d 608, the trial court rendered a judgment that title to the disputed property would be quieted in the defendant upon payment of $ 250 to the plaintiffs. The defendants sent $ 250 to the plaintiffs' counsel by registered mail. When counsel opened the registered letter and found the currency, he deposited it in his trust account. He wrote opposing counsel, acknowledging receipt of the money and stating, " 'I have deposited this money in my trustee account and will hold the same pending the decision of the appeal in this case.' " (Id. at pp. 609-610.) The court found that while counsel perhaps should have returned the money, his notice that he was holding it in trust, with no objection from the other side, was not an acceptance of benefits that justified a dismissal of the appeal. (Id. at p. 611.)