Dennett v. Cutts
Superior Court of New Hampshire
Trover, for a promissory note. It appeared, from the report of the auditor in this case, that the defendant was an attorney at law', residing at Portsmouth, and that in the year 1828 the plaintiff deposited with him for collection certain demands, among which was the note in question, which was signed by one Rowe, for the sum of f 44-10, dated the 29th day of February,. 1828, and payable to the plaintiff.
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Trover, for a promissory note. It appeared, from the report of the auditor in this case, that the defendant was an attorney at law', residing at Portsmouth, and that in the year 1828 the plaintiff deposited with him for collection certain demands, among which was the note in question, which was signed by one Rowe, for the sum of f 44-10, dated the 29th day of February,. 1828, and payable to the plaintiff. The defendant commenced a suit upon the note, and summoned one Davis as trustee. There was money enough in the hands of the trustee to discharge the costs of the suit, but it did not appear…
1Opinion of the CourtGilchrist, J.
The only question in this case is, whether an attorney has a lien for his general balance upon papers of his client, which come into his hands in the course of his professional business.
If the defendant had a lien upon the note, it was not discharged by the transaction which took place upon the 4th day of March, 1831, when the plaintiff gave the defendant a note for the balance due the defendant; because it does not appear that the note was given or received in payment of the balance. Elliott vs. Sleeper, 2 N. H. Rep. 527; Johnson vs. Weed, 9 Johns. 210; Jaffrey vs. Cornish, 10 N. H. Rep.…
2Cases cited6 opinions
- St. John v. DiefendorfNew York Supreme Court · 1824
- Jaffrey v. CornishSuperior Court of New Hampshire · 1840
- Elliot v. SleeperSuperior Court of New Hampshire · 1823
- Shapley v. BellowsSuperior Court of New Hampshire · 1828
- Detouches v. PeckNew York Supreme Court · 1812
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wright v. CobleighSuperior Court of New Hampshire · 1850