Church v. Mumford
New York Supreme Court
THIS was an action.against an attorney, for negligence, whereby the plaintiffs lost their debt. The declaration contained three counts: 1. That the defendant, in consideration that the plaintiffs , . . ^ * had retained him as their attorney, to commence and prosecute ..... . _ 1 du- a suit m the supreme court, against Burt and Babcock, for attor- large sum of money due the plaintiffs, for certain implied fees and reward, to be paid him, undertook to commence LTaa™- prosecute…
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THIS was an action.against an attorney, for negligence, whereby the plaintiffs lost their debt. The declaration contained three counts: 1. That the defendant, in consideration that the plaintiffs , . . ^ * had retained him as their attorney, to commence and prosecute ..... . _ 1 du- a suit m the supreme court, against Burt and Babcock, for attor- large sum of money due the plaintiffs, for certain implied fees and reward, to be paid him, undertook to commence LTaa™- prosecute the said suit to judgment, in a skilful and w?s manner; but that not regarding his said promise, but Scomucon- triving,…
1Opinion of the Court
Thompson, Ch. J.
delivered the opinion of the court. It is, no doubt, a well-settled rule, that causes of action, founded on tort, and upon contract, cannot be joined in the same declaration; (2 Saund. 117. b. n. 1. Chittiy's Plead. 199.) and if the counts in the declaration of the plaintiffs are to be so considered, the demurrer is well taken. But that does not appear to be the case. The counts are all substantially the same, whether they are regarded as founded on tort, or in assumpsit, The gravamen alleged is a breach of duty, arising out of an employment for hire; and the same…
2Cited by8 opinions
- State v. Yellow Jacket Silver Mining Co.Nevada Supreme Court · 1879
- Glens Falls Insurance v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 1957
- Myers v. GilbertSupreme Court of Alabama · 1850
- Howe v. CookNew York Supreme Court · 1839
- Stimpson v. SpragueSupreme Judicial Court of Maine · 1830
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