Bacon v. Fourth National Bank
City of New York Municipal Court
Action by Alexander S. Bacon against the Fourth National Bank of the City of New York, to recover the amount of deposit held by defendant on account of plaintiff. Defendant acknowledged the amount of the deposit, but claimed that it was entitled to be reimbursed for money paid by it on plaintiff’s account.
Read the full summary
Action by Alexander S. Bacon against the Fourth National Bank of the City of New York, to recover the amount of deposit held by defendant on account of plaintiff. Defendant acknowledged the amount of the deposit, but claimed that it was entitled to be reimbursed for money paid by it on plaintiff’s account. Plaintiff had deposited with defendant in escrow a mortgage and assignment, to-be forwarded to its Boston correspondent, and delivered by it, on payment of a certain sum, to a person in that city. Defendant forwarded the mortgage to the Maverick National Bank, and, while the securities were…
1Opinion of the CourtMcAdam, C. J.
The fees paid to the attorneys in Boston were expended under circumstances from which the law implies a request to pay for them on the part of the plaintiff. Legal advice and services may be as necessary to protect the property as the aid of a physician or surgeon is to protect life. Neither may prove serviceable in some cases, in others extremely so, depending in a measure on results. Prudence requires their employment in all cases - wherein property or life is imperiled. It would be negligence not to employ professional aid in cases requiring it. The result does not determine the propriety…
2Cases cited3 opinions
- Brown v. . St. Nicholas Ins. Co.New York Court of Appeals · 1874
- Howe v. Buffalo, New York and Erie Rail RoadNew York Supreme Court · 1862
- Harter v. BlanchardNew York Supreme Court · 1873
3Cited by1 opinion
- Browning v. River Farms Co.California Court of Appeal · 1927