Hopping v. Quin
New York Supreme Court
This was an action of assumpsit, tried at the Ononadaga circuit in October, 1832, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiff sued the defendant for costs due to him as his attorney, in the prosecution of two suits against J. Emmons, and for moneys paid in the prosecution of the suits.
Read the full summary
This was an action of assumpsit, tried at the Ononadaga circuit in October, 1832, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiff sued the defendant for costs due to him as his attorney, in the prosecution of two suits against J. Emmons, and for moneys paid in the prosecution of the suits. On the 14th August, 1829, Quin put two notes given by Emmons into the hands of Hopping for collection; they bore date 14th February, 1829, and were payable six months after date. On the 17th August, 1829, the last day of grace, Hopping issued a writ against Emmons, on which he was…
1Opinion of the Court
By the Court,
Savage, Ch. J.
In my opinion, the judge erred in saying that the proceedings of the plaintiff could not be called negligent. The defendant put two notes into his hands for collection, when they had three days to run before a suit could be brought upon them. About the time when he ought to have received his money, he was arrested on a ca. sa., at the suit of his debtor, for a bill of costs ; and it seems to be made matter of complaint in the case, that he was surprised and angry. He had cause enough for surprise, and for irritation also. It was the duty of the plaintiff to have…
2Cited by7 opinions
- Parker - Smith v. Prince Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Davis v. FarwellSupreme Court of Vermont · 1907
- Oothout v. BallardNew York Supreme Court · 1864
- Blodgett v. Berlin Mills Co.Supreme Court of New Hampshire · 1872
- Bowman v. TallmanThe Superior Court of New York City · 1864
2 more not listed; retrieve them via the Exa API.