Pennington's Exrs. v. Yell
Supreme Court of Arkansas
Writ of Error to Pulaski Circuit Court. Catharine Pennington, as executrix, and John Irwin, as executor of John E. Pennington, deceased, brought an action of as-sumpsit against James Yell, Esq., to the May term of the Pulaski circuit court, 1845. There are four counts in the declaration: The first alleges that on the 16th day of September, 1839, plaintiffs’ testator placed in the hands of the defendant as an attorney, for collection, a note on J. F. Pullen and E. G. Smith…
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Writ of Error to Pulaski Circuit Court. Catharine Pennington, as executrix, and John Irwin, as executor of John E. Pennington, deceased, brought an action of as-sumpsit against James Yell, Esq., to the May term of the Pulaski circuit court, 1845. There are four counts in the declaration: The first alleges that on the 16th day of September, 1839, plaintiffs’ testator placed in the hands of the defendant as an attorney, for collection, a note on J. F. Pullen and E. G. Smith for $227 84, then due; and also a note on E. G. Smith for $84, due in January, 1840, which might have been collected by…
1Opinion of the CourtJustice Scott
This case is presented on bill of exceptions to the overruling of a motion for a new trial. It is an action against an attorney at law for negligence, alleging that thereby a claim placed in his hands for collection was lost. The jury found for the defendant and there was judgment accordingly.
Reasonable diligence and skill constitute the measure of an attorneys engagement with his client. He is liable only for gross negligence or gross ignorance in the performance of his professional duties ; and this is a question of fact to be determined by the jury, and is sometimes to be ascertained by…
2Cases cited10 opinions
- Clark v. Mayor, Aldermen, and Common Council of WashingtonSupreme Court of the United States · 1827
- Conner v. HendersonMassachusetts Supreme Judicial Court · 1818
- Tompkins v. FondaNew York Court of Chancery · 1834
- Gilbert v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Mardis' Adr's v. ShacklefordSupreme Court of Alabama · 1842
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Western Union Telegraph Co. v. BushSupreme Court of Arkansas · 1935
- Weekley, Et Vir. v. KnightSupreme Court of Florida · 1934