Judson v. . Gray
New York Court of Appeals
Prior to October, 1847, one Absalom Calkins commenced a suit in the court of chancery against Asa M. Calkins and others, to enforce an alleged right of redemption; Gray, the present defendant, being solicitor for the complainant.
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Prior to October, 1847, one Absalom Calkins commenced a suit in the court of chancery against Asa M. Calkins and others, to enforce an alleged right of redemption; Gray, the present defendant, being solicitor for the complainant. The suit was brought to a hearing in the supreme court, upon pleadings and proofs, in October, 1847, and in March, 1848, the court made a decretal order, declaring that Calkins was entitled to redeem, subject to an account to be taken between the parties; and thereupon the plaintiff, Judson, was, by the consent of the counsel on both sides, appointed referee to take…
1Opinion of the CourtSelden, J.
It is a well settled rule of the common law, that where one 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 is directly applicable to the case of attorney and client, and has been so applied whenever the question has arisen, except in the state of New-York. It was thus applied in England in the cases of Hartop v. Juckes, (1 Maule & Sel. 709; Robbins v. Bridge, (3 Mees. & Wels. 114;) and Maybery v. Mansfield, (9 Ad. & El. N. S. 58, Eng. Com. Law, 753 ;) in…
2Cases cited4 opinions
- Adams v. HopkinsNew York Supreme Court · 1810
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1835
- Wires v. BriggsSupreme Court of Vermont · 1833
- Preston v. PrestonMichigan Supreme Court · 1844
3Cited by25 opinions
- Dimick v. SchiedtSupreme Court of the United States · 1935
- Campbell v. . CothranNew York Court of Appeals · 1874
- Bonynge v. . FieldNew York Court of Appeals · 1880
- Geib v. . ToppingNew York Court of Appeals · 1880
- Tyrrel v. HammersteinNew York Supreme Court · 1900
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