Van Buren v. Wells
New York Supreme Court
Motion to set aside a report of referees. The plaintiff claimed to recover for services as an attorney, counsel and solicitor, in conducting various suits for the defendant.
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Motion to set aside a report of referees. The plaintiff claimed to recover for services as an attorney, counsel and solicitor, in conducting various suits for the defendant. In pursuance of an order he furnished a bill of particulars, consisting of various charges for services rendered and moneys advanced in a suit commenced against the defendant by one Lain, in the Yates common pleas, where Wells obtained a judgment; which was removed by writ of error, first into the supreme court and then into the court for the correction of errors, where the judgment of the common pleas was finally…
1Opinion of the Court
*205 By the Court,
Cowen, J.
There was, I think, -.evidence sufficient to warrant the referees in finding an account stated and settled between the parties, and a balance struck of $50, as early as March, 1836. The conversation with the witness is not resolvable into a mere offer to compromise, inadmissible as such within the cases on that subject. That this is so, I refer to my examination of a similar question in Mead v. De Golyer, 16 Wendell, 632, 642, 3, &c. and the cases there cited. The bill of particulars contained a charge for this balance, though there was no count upon it in the…
2Cases cited5 opinions
- Mead v. DegolyerNew York Supreme Court · 1837
- Rowt's adm'x. v. Kile's adm'r.Supreme Court of Virginia · 1829
- Winlock v. HardyCourt of Appeals of Kentucky · 1823
- Weidler v. Farmers BankSupreme Court of Pennsylvania · 1823
- Harwood v. RamseySupreme Court of Pennsylvania · 1826
3Cited by10 opinions
- Baker v. StateSupreme Court of Florida · 1892
- Reynolds v. Continental InsuranceMichigan Supreme Court · 1877
- Middleton v. GriffithSupreme Court of New Jersey · 1894
- Smiley v. DeweeseIndiana Court of Appeals · 1891
- Toscani v. Quackenbush Co.Supreme Court of New Jersey · 1934
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