Davis v. Trimble
Supreme Court of Arkansas
Appeal from Faulkner Circuit Court. Sam FrauEnthal, Special Judge. An attorney cannot recover a fee from a party who has not employed him. 5 La. Ann. 481; 20 So. 862; Thompson, Stockholders, § 4; 13 Mete. 539; Cook, Corporations, § 243. In the absence of an express contract appellants had a right to presume that appellees looked to the principal. Mech.
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Appeal from Faulkner Circuit Court. Sam FrauEnthal, Special Judge. An attorney cannot recover a fee from a party who has not employed him. 5 La. Ann. 481; 20 So. 862; Thompson, Stockholders, § 4; 13 Mete. 539; Cook, Corporations, § 243. In the absence of an express contract appellants had a right to presume that appellees looked to the principal. Mech. Ag. § 558; 21 Conn. 627; 44 N. Y. 349; 48 N. Y. 300; 68 N. Y. 400; 84 Mo. 578; 46 N. Y. 70; 6 Har. & J. 418; 101 U.S. 392. Appellants could not be liable except upon the express contract. 11 Ark. 212; 64 Ark. 462; 45 Ark. 67; 12 Ark. 174; 34…
1Opinion of the CourtMcCulloch, J.
Appellees, Thomas C. Trimble, J. M. McClintock and Eugene Lankford brought this suit against
R. W. Worthen, Oscar Davis, Zeb Ward, Jr., George R. Brown and W. B. Worthen to recover $2,500 alleged, to be owing them by the defendants for services as attorneys at law rendered for the defendants in an action in the Prairie Circuit Court, wherein S. L. Harr was plaintiff and said R. W. Worthen and the Mississippi & Little Rock Railroad Company were defendants.
R. W. Worthen failed to answer, and judgment was rendered by default against him. The cause was dismissed before trial as to W- B. Worthen…
2Cases cited3 opinions
- Lewis v. LewisSupreme Court of Arkansas · 1905
- Ford v. WardSupreme Court of Arkansas · 1870
- Hogg v. LasterSupreme Court of Arkansas · 1892
3Cited by9 opinions
- Oviatt, Administrator v. GarretsonSupreme Court of Arkansas · 1943
- Lowe v. HartSupreme Court of Arkansas · 1910
- Missouri Pac. R.R. Co., Thompson, Trustee v. NewtonSupreme Court of Arkansas · 1943
- Young v. BruereCalifornia Court of Appeal · 1926
- Potashnick Local Truck System, Inc. v. ArcherSupreme Court of Arkansas · 1944
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