Moshier v. Kitchell & Arnold
Illinois Supreme Court
Appeal from the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding. This was an action of assumpsit, brought by Kitchell & Arnold, against Timothy Moshier, to recover attorneys’ fees.
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Appeal from the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding. This was an action of assumpsit, brought by Kitchell & Arnold, against Timothy Moshier, to recover attorneys’ fees. The third instruction, referred to in the opinion, is as follows: “ The jury are instructed, that, in law, one person has a right by word of mouth to employ another to work for a third person, and such person may properly do such work upon the credit of the party making such employment, and not upon the responsibility of the party for whom the work is done, if there be a consideration…
1Opinion of the CourtJustice Walker
Appellees brought an action against appellant to recover attorney’s fees for services claimed to have been rendered for him. It appears that James Dunn and wife and Marvin Dunn were tenants of appellant, and having been injured by an engine of the Chicago, Burlington and Quincy Railroad Company, they subsequently brought suit against the company to recover for the injury. These suits led to protracted litigation, and appellees claim that they were retained by appellant to perform the legal services rendered by them in the suits. Appellant denies that he employed them, but claims that they…
2Cited by19 opinions
- Krieger v. Aurora, Elgin & Chicago RailroadIllinois Supreme Court · 1909
- Lusk v. ThroopIllinois Supreme Court · 1901
- Central Railway Co. v. BannisterIllinois Supreme Court · 1902
- Baker & Reddick v. SummersIllinois Supreme Court · 1903
- Harris v. FrankCalifornia Supreme Court · 1889
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