Crooker v. Hutchinson
Supreme Court of Vermont
This was an action on the case against the defendants for negligence as attornies, and was tried upon the general issue at the ■last December term of the County Court, Chief Justice Skinner, presiding. The plaintiff and another person, since deceased, being joint creditors of Richard Merriam, retained the defendants, then attornies in partnership, to collect their debt.
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This was an action on the case against the defendants for negligence as attornies, and was tried upon the general issue at the ■last December term of the County Court, Chief Justice Skinner, presiding. The plaintiff and another person, since deceased, being joint creditors of Richard Merriam, retained the defendants, then attornies in partnership, to collect their debt. The defendants accordingly prayed out and delivered to tbe sheriff a writ of attachment upon which Merriam, was arrested on the sixth day of January, A. D. 1818, and one Willard, became his bail by endorsing the writ in common…
1Opinion of the CourtRoyce, J.
Attornies in matters of collection are to follow implicitly the directions of the, creditor ; and in the absence of the client and of special instructions, they should diligently prosecute such measures as they may reasonably suppose the client would direct, if applied to and made acquainted with all the circumstances. In other words they are, without "express direction, to take every step in the course of collection which is apparently for the interest of the creditor. In the present case the suit against Merriam was expressly directed, and the defendants in the prosecution of that suit had…
2Cited by2 opinions
- Cox v. SullivanSupreme Court of Georgia · 1849
- Leighton v. SargentSuperior Court of New Hampshire · 1853