Wing v. Hurlburt
Supreme Court of Vermont
This was an action of book account, in which there was a judgment to account, and reference to an auditor. The auditor reported that, to the first three items of the plaintiff’s account, amounting to 88 cents, there was no objection by the defendant; that the fourth charge of $1.83 accrued after the commencement of the suit, and that, at the trial before him, the said sum was tendered by the defendant to the plaintiff, which remained in his, the auditor’s, hands ; that the…
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This was an action of book account, in which there was a judgment to account, and reference to an auditor. The auditor reported that, to the first three items of the plaintiff’s account, amounting to 88 cents, there was no objection by the defendant; that the fourth charge of $1.83 accrued after the commencement of the suit, and that, at the trial before him, the said sum was tendered by the defendant to the plaintiff, which remained in his, the auditor’s, hands ; that the subsequent items of the account, from No. 5 to No. 29, inclusive, were for professional services rendered, and money paid…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The principal question in this case is, whether the defendant is liable to the plaintiff, for professional services, rendered for the wife of the defendant, in procuring a divorce from him, and in resisting the petition, which he preferred for the same purpose. There was no engagement or employment of the plaintiff by the defendant, but the services were evidently performed, contrary to his wishes and inclination; and if he is liable, it is on his assent, as resulting from the circumstances of the case, implied by law, even against his…
2Cases cited1 opinion
- Pratt v. GallupSupreme Court of Vermont · 1835
3Cited by20 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Naumer v. GrayAppellate Division of the Supreme Court of the State of New York · 1898
- Lanyon's Detective Agency, Inc. v. CochraneNew York Court of Appeals · 1925
- Clarke v. BurkeWisconsin Supreme Court · 1886
- Peck v. Marling's Adm'r.West Virginia Supreme Court · 1883
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