Stow v. Hamlin
New York Supreme Court
Selden, Johnson, and T. R. Strong, Justices. Appeal from judgment of county court of Wayne county. The action was commenced in a justice’s court to recover the value of services rendered by the plaintiff for the defendants as attorney. The plaintiff, as attorney, had tried several suits for the defendants in justices’ courts, which services had all been settled and paid for at the price stipulated, except $5 for one suit.
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Selden, Johnson, and T. R. Strong, Justices. Appeal from judgment of county court of Wayne county. The action was commenced in a justice’s court to recover the value of services rendered by the plaintiff for the defendants as attorney. The plaintiff, as attorney, had tried several suits for the defendants in justices’ courts, which services had all been settled and paid for at the price stipulated, except $5 for one suit. Several of these judgments had been appealed from to the county court, and the plaintiff proved, on the trial before the justice, that he was employed to take charge of the…
1Opinion of the Court
Johnson, Justice.
By the court
The plaintiff recovered before the justice for all the services proved to have been actually rendered and not paid for.
The only question therefore is, whether he was entitled to recover anything upon proof merely, that he uTas retained in the suits appealed to the county court, without proof of any agreement in regard to compensation, or any services in fact rendered. The fee-bill is abolished, and the measure of the compensation of an attorney or counsel is to be governed by the express or implied agreement between him and his client. Implied agreements between…
2Cited by7 opinions
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- Crotty v. McKenzieThe Superior Court of New York City · 1877
- Hadley v. AyresNew York Court of Common Pleas · 1870
- The AnnaDistrict Court, S.D. New York · 1863
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