Scott v. Elmendorf
New York Supreme Court
THIS was an action of assumpsit for fees; disbursements, arid services, by the plaintiffs, as attornies for the defendant, administrator of Jacobus Elmendorf, deceased. Plea, non-assumpsit.
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THIS was an action of assumpsit for fees; disbursements, arid services, by the plaintiffs, as attornies for the defendant, administrator of Jacobus Elmendorf, deceased. Plea, non-assumpsit. Scott, one of the plaintiffs, applied to the defendant for the páyment of a bill of costs due to him from the estate of Jacobus _ • , mendorf, the intestate; and the defendant gave to Scott a note, for Which he gave to the defendant a receipt, as follows: i£ Decernbet 8, 1807, Received of Mr. Levi Elmendorf, administrator of Jacobus Elmendorf, deceased, a note of hand said to be executed by Philip Becker…
1Opinion of the Court
Per Curian.
It is not permitted to a defendant sued on an attorney’s bill, which has been served according to the statute, to contest the items on the trial, because he can procure the bill to be taxed, by application to the court at a seasonable period. (Doug. 198. 2 B. & P. 237.) The objection here went beyond the items, and attacked the principle on which the bill was taxed; the plaintiffs insisting that they are entitled, as between themselves and client, to be paid the fees allowed by law, in cases where the recovery is above 250 dollars, in this court ; and the bill is made out upon that…
2Cited by5 opinions
- Starin v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887
- Ackerman v. AckermanNew York Court of Common Pleas · 1862
- Mumford v. HawkinsNew York Supreme Court · 1848
- McFarland v. CraryNew York Supreme Court · 1828
- Cook v. StilsonNew York Supreme Court · 1848