Runyan v. Nichols
New York Supreme Court
IN ERROR from the court of common pleas of Chenango county. This was an action of assumpsit, brought by the plaintiff, an attorney of this court, in the Chenango common pleas, to recover his costs for prosecuting two suits in the supreme court, in which the present defendant was plaintiff, as his attorney. The defendant pleaded non assumpsit, and gave notice of a set-off.
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IN ERROR from the court of common pleas of Chenango county. This was an action of assumpsit, brought by the plaintiff, an attorney of this court, in the Chenango common pleas, to recover his costs for prosecuting two suits in the supreme court, in which the present defendant was plaintiff, as his attorney. The defendant pleaded non assumpsit, and gave notice of a set-off. At the trial the plaintiff proved his retainer, and the due service of copies of the bills of costs, more than eight days before the commencement of this suit. The defendant produced a witness to prove that the plaintiff had…
1Opinion of the CourtVan Ness, J.
On the opening of this case, I was very strongly inclined to think that the evidence of the defence admitted in the court below ought to have been rejected, under any circumstances; but I no w have my doubts. In cases, in many respects analogous, such as suits for work and labour by builders, a defence like the present certainly has been allowed. Without, however, expressing any opinion on this point, I think the judgment in the court below ought to be reversed, on another ground. The defendant neither pleaded nor gave notice of this defence, and it must have been a complete surprise upon the…
2Cited by13 opinions
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- Schermerhorn v. Van AllenNew York Supreme Court · 1853
- Williams v. BradburyTexas Supreme Court · 1841
- Rogers v. Polytechnic Institute of BrooklynAppellate Division of the Supreme Court of the State of New York · 1903
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