Royce v. Allen
Supreme Court of Vermont
Book Account. The plaintiff’s account was for his services in a suit brought by Theodora Allen, the mother of the defendant, against Dolplius Paul, to recover for property attached by him, as the property of Henry Allen, a brother of the defendant. The auditor reported the following facts.
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Book Account. The plaintiff’s account was for his services in a suit brought by Theodora Allen, the mother of the defendant, against Dolplius Paul, to recover for property attached by him, as the property of Henry Allen, a brother of the defendant. The auditor reported the following facts. Theodora Allen appointed the defendant her agent to consult with Homer E. Royce in reference to the propriety of commencing a suit for her for the property attached by said Paul; and, in case he, said Homer É. Royce, should be of opinion that an action could be maintained, to commence a suit therefor; but…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
It appears from the report of the auditor, that the defendant was acting as the agent of Mrs. Allen, in the preparation and prosecution of the suit against Dolphus Paul. The plaintiff was employed by the defendant, as counsel in that case, and for his services in that capacity the charges were made for which this suit is brought. It is distinctly stated that the charges were originally made against the defendant, whom the plaintiff believed to be his employer, and responsible to him for the amount, and that, at no time during the pendency of…
2Cases cited3 opinions
- Meech v. SmithNew York Supreme Court · 1831
- Smith v. WatsonSupreme Court of Vermont · 1842
- Roberts v. ButtonSupreme Court of Vermont · 1842
3Cited by4 opinions
- Brigham v. HerrickMassachusetts Supreme Judicial Court · 1899
- Brightlook Hospital Ass'n v. GarfieldSupreme Court of Vermont · 1918
- Alexander & Edgar Lumber Co. v. McGeehanWisconsin Supreme Court · 1905
- Weare v. GoveSupreme Court of New Hampshire · 1860