Hithcock v. M'Gehee
Supreme Court of Alabama
Error to the Circuit court of Mobile. Action on the case — tried before Judge Harris. The action was brought to recover the amount of two promissory notes, placed in the hands of defendant, for collection, as an attorney at law, which defendant alleged he had handed to a third person, also an attorney, to collect. The defendant plead .the general issue, on which a verdict was rendered against him, for the amount, called for by the notes.
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Error to the Circuit court of Mobile. Action on the case — tried before Judge Harris. The action was brought to recover the amount of two promissory notes, placed in the hands of defendant, for collection, as an attorney at law, which defendant alleged he had handed to a third person, also an attorney, to collect. The defendant plead .the general issue, on which a verdict was rendered against him, for the amount, called for by the notes. It was proved by a witness, that in March, eighteen hundred and twenty-four, there were placed in his (witness’) hands, claims against Messrs. Armstrong,…
1Opinion of the CourtOrmond, J.
— By the employment of an, attorney at law to conduct a cause in court, a personal trust and confidence is- reposed, which cannot be delegated to another, but by the consent of the person interested.
This proposition is not questioned, and is indeed conceded in the motion which is made in the court below. It is equally certain, that if a delegation thus made without authority, be afterwards assented to by the party interested, with full knowledge of the facts, it will be as binding on him as if made by his authority. It is also true, that if information be seasonably given to the person…
2Cases cited1 opinion
- Lanfear v. SumnerMassachusetts Supreme Judicial Court · 1821
3Cited by3 opinions
- Ferguson v. MorrisSupreme Court of Alabama · 1880
- Fidelity & Casualty Co. v. Beeland Bros. Mercantile Co.Supreme Court of Alabama · 1942
- Branger v. ButtrickWisconsin Supreme Court · 1871