Monson v. Hawley
Supreme Court of Connecticut
Bill for an injunction against the sale on an execution of certain bank stock levied on. The respondent, in a suit against Nathaniel B. Stevens and others, had attached fifty shares of the stock of the Norfolk Bank belonging to Stevens, being the only property attached.
Read the full summary
Bill for an injunction against the sale on an execution of certain bank stock levied on. The respondent, in a suit against Nathaniel B. Stevens and others, had attached fifty shares of the stock of the Norfolk Bank belonging to Stevens, being the only property attached. While the suit was pending, Stevens, being desirous to liberate the stock that he might dispose of it, applied to the attorney of the respondent, who had instituted the suit and directed the attachment, and who was his attorney of record, to allow him to substitute other property for the stock, and it was agreed between them…
1Opinion of the CourtEismain, J.
The plaintiffs are entitled to the relief prayed for, provided the defendant’s attorney had power to release the lien acquired by the attachment on taking other security as stated in the finding. This is admitted. The question therefore is as to the power of an attorney who, under a general retainer, is employed to commence and prosecute to final judgment and execution, and to collect, a claim for damages arising on a breach of a contract for the delivery of property. The act of the attorney in this instance was done in perfect good faith, and at the time appeared to be for the benefit of the…
2Cases cited2 opinions
- Averill v. Williams & SageNew York Supreme Court · 1847
- AnonymousNew York Supreme Court · 1828
3Cited by2 opinions
- Davis v. HallSupreme Court of Missouri · 1886
- Levy, Simon & Co. v. BrownMississippi Supreme Court · 1878