Phillips v. Stanton
City of New York Municipal Court
The plaintiff, an attorney and counselor at law, sues to Tecover for services performed and moneys expended at the request of the defendants in defending an action brought in the supreme court of the United States by the state of Alabama. The action is upon a quantum, meruit, and not upon any special agreement as to the rate of compensation. The complaint charges that the services were reasonably worth §1,500, and that the moneys expended amounted to thirty-two dollars.
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The plaintiff, an attorney and counselor at law, sues to Tecover for services performed and moneys expended at the request of the defendants in defending an action brought in the supreme court of the United States by the state of Alabama. The action is upon a quantum, meruit, and not upon any special agreement as to the rate of compensation. The complaint charges that the services were reasonably worth §1,500, and that the moneys expended amounted to thirty-two dollars. The bill of particulars furnished, recites that the services for which compensation is daimed were rendered in a suit, the…
1Opinion of the Court
McAeam, Ch. J.
Under the broad rule declared in Dwight v. Germania (84 N. Y., 493), Tilton v. Beecher (59 id., 176), People v. Tweed (63 id., 194), the court below might have exercised its discretion, and ordered the plaintiff to furnish a further bill of particulars, giving the separate estimates of value on each particular item of the service rendered, for on the cross-examination of the plaintiff the defendant, will be entitled to test the propriety of the aggregate charge-by assailing the value of the items that compose it. But-the court below denied the application, and the question…
2Cases cited4 opinions
- Tenney v. . BergerNew York Court of Appeals · 1883
- Dwight v. . Germania Life Insurance Co.New York Court of Appeals · 1881
- Garfield v. KirkNew York Supreme Court · 1873
- Bangs v. Ocean National BankNew York Court of Common Pleas · 1877