Barker v. Cairo & Fulton Railroad
New York Supreme Court
Appeal from a judgment entered upon the report of three referees. The action was brought by the plaintiff, Benjamin Barker, as assignee of Addison- G-. Rice, to recover for services rendered by Rice as an attorney and counselor of the supreme court of the State of New York, in and about the business of the defendant— a corporation created by the laws of the State of Arkansas — from January to November, 1870, and from March to November, 1871, for which the plaintiff claimed,…
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Appeal from a judgment entered upon the report of three referees. The action was brought by the plaintiff, Benjamin Barker, as assignee of Addison- G-. Rice, to recover for services rendered by Rice as an attorney and counselor of the supreme court of the State of New York, in and about the business of the defendant— a corporation created by the laws of the State of Arkansas — from January to November, 1870, and from March to November, 1871, for which the plaintiff claimed, on a quantum meruit, the sum of $85,000; and for $2,000 paid by Rice for the use of the defendant, and at its request.…
1Opinion of the CourtGilbert, J.
The
appellant’s counsel has not shown us any reason for depriving a lawyer, who had been retained by a corporation, to perform specific services on its behalf, of his compensation, because certain contracts made at the same time, between the president of the corporation and third persons, having relation to the same objects, were illegal. Nor have we found any authority for that *331proposition. It would be a great hardship if he were bound thus to probe the purposes of his client, to find out whether they were honest or not, before he engaged in his service; and the hardship would be still…
2Cases cited4 opinions
- Sedgwick v. . StantonNew York Court of Appeals · 1856
- Wildey v. CollierCourt of Appeals of Maryland · 1854
- Haswell v. BussingNew York Supreme Court · 1813
- Wagener v. Finch & AngelNew York Supreme Court · 1873