Stern v. Hyman Bros.
Supreme Court of North Carolina
Appeal by defendants from Finley, J., at February Term, 1921 of Guilford. Tbis is an action by tbe plaintiffs, attorneys at law, to recover $5,050 as a fee for services claimed to bave been rendered in adjusting tbe loss by fire on a stock of goods witb certain fire insurance companies.
Read the full summary
Appeal by defendants from Finley, J., at February Term, 1921 of Guilford. Tbis is an action by tbe plaintiffs, attorneys at law, to recover $5,050 as a fee for services claimed to bave been rendered in adjusting tbe loss by fire on a stock of goods witb certain fire insurance companies. Tbe complaint allfeges tbat tbe defendants employed tbe plaintiffs to adjust said losses with tbe insurance companies, and that afterwards pending the said adjustment the defendants agreed to pay the plaintiffs 20 per cent on the amount recovered, which the plaintiffs claim was $25,250, on which they seek to…
1Opinion of the Court
Clakk, O. J.
The record is voluminous and there are many exceptions, but we need not consider but one, which we think entitles the defendants to a new trial, for the others may not arise on another trial.
The defendants except and assign for error the refusal of his Honor to give the third instruction requested by the defendants, to wit: “It being admitted that at the time of the alleged contract between the plaintiff Stern and the defendants (as claimed by plaintiffs) the relation of attorney and client existed between them, the plaintiffs would not be entitled to recover from the defendants…
2Cases cited2 opinions
- Lee v. . PearceSupreme Court of North Carolina · 1873
- Pritchard v. SmithSupreme Court of North Carolina · 1912
3Cited by13 opinions
- Lawrence v. TschirgiSupreme Court of Iowa · 1953
- Randolph v. SchuylerSupreme Court of North Carolina · 1974
- Ashton v. SkeenUtah Supreme Court · 1935
- Rock v. BallouSupreme Court of North Carolina · 1974
- Rizzi v. FanelliDistrict of Columbia Court of Appeals · 1949
8 more not listed; retrieve them via the Exa API.