Bonynge v. . Field
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of ¡New York, affirming a judgment in favor of defendants entered upon an order dismissing the complaint on trial. (¡Reported below, 32 J. & S. 581.) This action was brought to recover a stenographer’s bill for services in a criminal action in which the defendants were the attorneys for the prisoner. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of ¡New York, affirming a judgment in favor of defendants entered upon an order dismissing the complaint on trial. (¡Reported below, 32 J. & S. 581.) This action was brought to recover a stenographer’s bill for services in a criminal action in which the defendants were the attorneys for the prisoner. The facts appear sufficiently in the opinion. The motion to dismiss the complaint was properly granted, there being no evidence establishing a personal obligation on the part of defendants. (Covell v. Hart, 14 Hun, 252;…
1Opinion of the CourtMiller, J.
The rule is well established that when a person contracts as the agent of another, and the fact of his agency is known to the person with whom, he contracts, the principal alone, and not the agent, is responsible. This rule applies to the relationship of attorney and client, and except to a certain class of officers who are not within the general rule, attorneys cannot be held personally responsible for services of this kind rendered in a suit, unless there is a special obligation" to_ that effect. (Judson v. Gray, 11 N. Y. 408; Covell v. Hart, 14 Hun, 252; Bonynge v. Waterbury, 12 id. 534;…
2Cases cited1 opinion
- Judson v. . GrayNew York Court of Appeals · 1854
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- Tyrrel v. HammersteinNew York Supreme Court · 1900
- Hernandez v. Brookdale Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
- Urban Court Reporting, Inc. v. DavisAppellate Division of the Supreme Court of the State of New York · 1990
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