Martin v. Henderson
Alabama Court of Appeals
Assumpsit. Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Assumpsit by H. L. Martin against J. E. Henderson to recover for the value of services rendered as an at' torney. Judgment for defendant and plaintiff appeals.
Read the full summary
Assumpsit. Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Assumpsit by H. L. Martin against J. E. Henderson to recover for the value of services rendered as an at' torney. Judgment for defendant and plaintiff appeals. In giving the charge requested by the defendant, the jury ivas limited to a consideration of the hypothesis of the defendant to exclusion of that of the plaintiff, and this was error.- — ■ Hammett v. Brown, 60 Ala. 498; Coolc v. Central Railway Co., 67 Ala. 533. No brief reached the reporter.
1Opinion of the Court
THOMAS, J.-
The suit is by the appellant and .seeks to recover under the common count on a quantum meruit for legal services rendered by him for the benefit of appellee in certain matters of litigation, in which the latter was a party or was beneficially interested. There is no dispute in the evidence as to the fact that the services were rendered, or as to the reasonable value of. those services, or as to the fact that the appellee had knowledge of them while they were being rendered and accepted the benefit of them. The sole issue in the case was as- to whether or not the appellee requested…
2Cases cited7 opinions
- Cook v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
- Humes v. Decatur Land Im. & Furnace Co.Supreme Court of Alabama · 1893
- Hood v. LeagueSupreme Court of Alabama · 1893
- Joseph, Gaboury & Co. v. Southwark Foundry & Machine Co.Supreme Court of Alabama · 1891
- Ala. Great Southern Railroad v. HillSupreme Court of Alabama · 1884
2 more not listed; retrieve them via the Exa API.