Britton & Hadley v. Frink
New York Court of Appeals
Calendar cause.—This was a suit commenced in a justice’s court by Frink, sheriff, against Britton & Hadley. Plaintiff declared for moneys had and received by the Defendants to the Plaintiff’s use, and also for moneys overpaid on a bill of costs produced. Defendants pleaded the general issue and gave notice of set-off for goods sold and delivered, work, labor and services, and on the usual money counts.
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Calendar cause.—This was a suit commenced in a justice’s court by Frink, sheriff, against Britton & Hadley. Plaintiff declared for moneys had and received by the Defendants to the Plaintiff’s use, and also for moneys overpaid on a bill of costs produced. Defendants pleaded the general issue and gave notice of set-off for goods sold and delivered, work, labor and services, and on the usual money counts. It was admitted by the Defendants, that they were law partners, and in business as such, also that the signature of “ A. K. Hadley” to a certain bill of costs produced in court was genuine, of…
1Opinion of the Court
“ By the Court, Jewett, Justice
No issue had been joined or judgment by default entered in the suit of Lee vs. Frink before it was settled. The sum due the Plaintiff was less than one hundred dollars. The Defendants as attorneys and counsellors for Lee in that suit, demanded and received for their fees and disbursements $13.27, on its settlement. The extent of the Defendants’ legal charges in that suit, was $10.85, composed of the following items.
(Laws of 1840, p. 327, § 2 ; p. 332, § 11; sub. 2 ; Laws of 1844, p. 402, § 1.)
The Defendants overcharged $2.42. The recovery before the Justice was…
2Cases cited6 opinions
- Owings v. HullSupreme Court of the United States · 1835
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- Malin v. MalinCourt for the Trial of Impeachments and Correction of Errors · 1828
- Hopkins v. MollinieuxNew York Supreme Court · 1830
- Wisner v. BulkleyNew York Supreme Court · 1836
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. . WoodNew York Court of Appeals · 1890
- Town of Bleecker v. BaljeAppellate Division of the Supreme Court of the State of New York · 1910
- Segelke & Kohlhaus Manufacturing Co. v. VincentWisconsin Supreme Court · 1908
- Hess v. CohenAppellate Terms of the Supreme Court of New York · 1897
- Kittredge v. GrannisAppellate Division of the Supreme Court of the State of New York · 1926
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