Granger v. Batchelder
Supreme Court of Vermont
Heard by the court at the March Term, 1881, Washington County, Redfield, J., presiding. Judgment for the plaintiff to recover balance on an execution. Action, debt on judgment. The case is stated in the opinion.
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Heard by the court at the March Term, 1881, Washington County, Redfield, J., presiding. Judgment for the plaintiff to recover balance on an execution. Action, debt on judgment. The case is stated in the opinion. The law is well established in England that an attorney can bind his client by compromise. .The rule in this country was stated early by Ch. J. Marshall, in 7 Cranch, 436: Although an attorney-at-law, merely as such, has, strictly speaking, no right to make a compromise, yet a court would be disinclined to disturb one which was not so unreasonable in itself as to be exclaimed against…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
The plaintiff, living in New York, held a judgment against the defendant for two hundred and eight dollars and four cents ; one Randall was his attorney ; property claimed by third persons had been attached, and the officer holding the execution issued upon the judgment, refused to proceed unless indemnified. Randall, with positive instructions from the plaintiff not to compromise the claim, received in satisfaction and payment of the judgment the sum of one hundred and fifty dollars, and accepted assurances, procured by the defendant from the…
2Cases cited3 opinions
- Penniman v. PatchinSupreme Court of Vermont · 1833
- Vail v. ConantSupreme Court of Vermont · 1843
- Carter v. TalcottSupreme Court of Vermont · 1838
3Cited by9 opinions
- Union Mutual Life Insurance v. BuchananIndiana Supreme Court · 1885
- Precious v. O'RourkeMassachusetts Supreme Judicial Court · 1930
- Eaton v. KnowlesMichigan Supreme Court · 1886
- Watt v. BrookoverWest Virginia Supreme Court · 1891
- Martin v. Capital InsuranceSupreme Court of Iowa · 1892
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