Legal Opinion

Robbins v. Harvey

Supreme Court of Connecticut

Decided July 15, 1824PublishedCited by 17 opinions

This was an action of indebitatus assumpsit for fees as counsellor and solicitor, with a quantum meruit count, and the common money counts ; commenced in January, 1822. The cause was tried at New-London, October term, 1823, before Peters, J. The defendant pleaded non assumpsit, with, notice that under this plea, one ground of defence would be, that the plaintiff’s right of action did not accrue within six years next before the commencement of the suit.

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This was an action of indebitatus assumpsit for fees as counsellor and solicitor, with a quantum meruit count, and the common money counts ; commenced in January, 1822. The cause was tried at New-London, October term, 1823, before Peters, J. The defendant pleaded non assumpsit, with, notice that under this plea, one ground of defence would be, that the plaintiff’s right of action did not accrue within six years next before the commencement of the suit. The plaintiff produced the following bill of particulars. 1811. To fees for retainer in the case of a claim made by defendant, as heir at law…

1Opinion of the Court

Hosmer, Ch. J.

The plaintiff has brought an action of assumpsit founded on a quantum meruit, for services rendered as an attorney and counsellor at law. At the trial, the court below admitted certain testimony, to the admission of which objections are made ; and a question has likewise arisen, whether under the plea of non assumpsit the statute of limitations may be given in evidence.

I will first consider the objections to the evidence received. The testimony of Mr. Whipple as to the reasonableness of the *341plaintiff's charges, and declaring, that they were not greater than was customarily paid…

2Cases cited3 opinions

  1. Bound v. LathropSupreme Court of Connecticut · 1822
  2. Culver v. RobinsonU.S. Circuit Court for the District of Connecticut · 1808
  3. Ripley v. FitchSupreme Court of Connecticut · 1792

3Cited by17 opinions

  1. Alexander v. R. A. Sherman's Sons Co.Supreme Court of Connecticut · 1912
  2. Anderson v. City of BridgeportSupreme Court of Connecticut · 1947
  3. Apuzzo v. HoerSupreme Court of Connecticut · 1939
  4. Phelps v. HuntSupreme Court of Connecticut · 1873
  5. Adams v. TuckerColorado Court of Appeals · 1895

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