Black's Ex'rs. v. Reybold
Superior Court of Delaware
Assumpsit for attorney’s fees. Narr. First count laying the indebtedness to the testator, and a promise to the executors. Second count for interest. Pleas, non assumpsit; payment; discount and the act of limitation. The plaintiffs relied on the following letter from defendant dated the 28th of November, 1839, as taking the case out of the act of limitation. (1 Harr.
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Assumpsit for attorney’s fees. Narr. First count laying the indebtedness to the testator, and a promise to the executors. Second count for interest. Pleas, non assumpsit; payment; discount and the act of limitation. The plaintiffs relied on the following letter from defendant dated the 28th of November, 1839, as taking the case out of the act of limitation. (1 Harr. Rep. 207.) Dear Sirs, — Your letter of the 20th instant has come to hand, and in answer, l shall have some leisure in the course of next week, which time 1 will come up to New Castle to see you about the claim which the late judge…
1Opinion of the Court
Chief Justice Booth,
charged the jury. — The legal fees of an attorney are fixed by law; the compensation for services as counsel is to be reasonable in the discretion of the jury. Both are recoverable in an action at law, and are properly the subjects of charge in a book account. The evidence of professional men is the best on this subject, for they best know the exte'nt of the labor performed.
The defence is the act of limitation, and a letter from the defendant is relied upon as containing the acknowledgment of a subsisting demand, and taking the case out of the act of limitation. The rule…
2Cases cited3 opinions
- Obermyer v. NicholsSupreme Court of Pennsylvania · 1813
- Wilmington Trust Co. v. HendrixsonSuperior Court of Delaware · 1921
- Eckert v. WilsonSupreme Court of Pennsylvania · 1825
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- E. M. Fleischmann Lumber Corp. v. Resources Corp. InternationalDistrict Court, D. Delaware · 1953
- Shen v. LiSuperior Court of Delaware · 2023