Adams v. Bush
New York Supreme Court
Motion by plaintiff at the Montgomery special term, November, 1861, before Mr. Justice James for a new trial upon the ground of surprise, and for newly discovered evidence. Motion denied. Plaintiff appealed to general term. Facts. 1st. Plaintiff obtained a judgment, against the defendants, by default, February 13, 1861, for $888.29, on a claim for professional services as attorney and counsellor in upwards of twenty causes, motions, proceedings, &c. 2d.
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Motion by plaintiff at the Montgomery special term, November, 1861, before Mr. Justice James for a new trial upon the ground of surprise, and for newly discovered evidence. Motion denied. Plaintiff appealed to general term. Facts. 1st. Plaintiff obtained a judgment, against the defendants, by default, February 13, 1861, for $888.29, on a claim for professional services as attorney and counsellor in upwards of twenty causes, motions, proceedings, &c. 2d. The defendants moved, April, 1861, to open the default and for leave to answer, which was granted, and the cause referred to H. B. Cushney,…
1Opinion of the Court
Rosekrans, Justice.
The defendants in their third answer set up an agreement between defendants and the plaintiff that the plaintiff should not charge the defendants with the costs of an appeal to the general term, but only with plaintiff’s traveling fees, in case the defendants failed to succeed on that appeal. Upon the trial they testified to such an agreement, stating when and where it was made, and who was present when it was made.
The plaintiff testified that no such agreement was made in regard to that appeal; that there was an agreement in relation to a subsequent appeal from the…
2Cases cited5 opinions
- People v. Superior CourtNew York Supreme Court · 1833
- Waller v. GravesSupreme Court of Connecticut · 1850
- Steinbach v. Columbian InsuranceNew York Supreme Court · 1804
- Platt v. MunroeNew York Supreme Court · 1861
- Seeley v. ChittendenNew York Supreme Court · 1851