Bodfish v. Fox
Supreme Judicial Court of Maine
Exceptions from the Middle District Court, Redington J. presiding. Assumpsit for money bad and received by the defendants, partners in practice of the law in the city of Portland.
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Exceptions from the Middle District Court, Redington J. presiding. Assumpsit for money bad and received by the defendants, partners in practice of the law in the city of Portland. The defendants admitted that they had received the money in satisfaction of a judgment for costs of a suit recovered by the plaintiff- in a suit brought against him in the Circuit Court of the United States by Robert Eastman, for the infringement of a patent right, in which suit the. defendants were the only counsellors and attorneys for the then defendant and present plaintiff, from the entry thereof at May Term,…
1Opinion of the Court
The opinion of the Court was drawn up by
Shepley J.
—The defendants were permitted to introduce testimony to prove a usage, existing among the members of the legal profession in the county of Cumberland, to charge the travel and attendance taxed for the defendant as a compensation contingent and dependent upon a successful defence, and in addition to the usual charges for services. And the presiding judge submitted the reasonableness of the usage to the decision of the jury. There are general and particular *95customs, and those relating to a particular trade or business. General customs are such,…
2Cited by3 opinions
- First National Bank v. Minneapolis & Northern Elevator Co.North Dakota Supreme Court · 1902
- Haas & Bro. v. Hudmon Bros.Supreme Court of Alabama · 1887
- Continental Hose Co. No. 1 v. City of FargoNorth Dakota Supreme Court · 1908