Jones v. Savage
New York Supreme Court
This was an action of assumpsit, tried at the Madison circuit, in September, 1829, before the Hon. Samuel Nelson, then one of the circuit judges. The declaration contained a count on a bill of exchange, dated at Liverpool, 27th April, 1824, for ¿£79.15.0 sterling, drawn by the defendant, on W. W. Dublin, payable three months after date, to his own order, in London, and endorsed by him.
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This was an action of assumpsit, tried at the Madison circuit, in September, 1829, before the Hon. Samuel Nelson, then one of the circuit judges. The declaration contained a count on a bill of exchange, dated at Liverpool, 27th April, 1824, for ¿£79.15.0 sterling, drawn by the defendant, on W. W. Dublin, payable three months after date, to his own order, in London, and endorsed by him. The plaintiffs sued as endorsees, and averred non-payment by the drawee, and notice to the defendant. There was also a count for goods sold and delivered, and the money counts. The plaintiffs’ attorney was…
1Opinion of the Court
By the Court,
Savage, Ch. J.
By the rules of this courts, an attorney prosecuting a suit is liable for costs to the defendant, in case he succeeds, to the amount of $ 100, where the plaintiff resides out of this state, and that liability attaches,- although the party in interest be a resident within the state. In Waring v. Barret, 2 Cowen, 460, the real plaintiff was Brady, who resided within the state; but we granted a rule against the attorney for $100, and against Brady for the balance. No doubt the real plaintiff, the owner of the demand, is liable for the whole, but that does not release…
2Cited by18 opinions
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- Lockwood v. CrawfordSupreme Court of Connecticut · 1847
- Matteson v. EllsworthWisconsin Supreme Court · 1873
- Dayton v. TrullNew York Supreme Court · 1840
- Ontario Bank v. WorthingtonNew York Supreme Court · 1834
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