Abbott v. Corbin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jay S. Corbin, from an order of the Supreme Court, made at the Schenectady Special Term and entered in the office of the clerk of the county of St. Lawrence on the 16th day of April, 1897, directing a reference of the issues in the action.
Read the full summary
Appeal by the defendant, Jay S. Corbin, from an order of the Supreme Court, made at the Schenectady Special Term and entered in the office of the clerk of the county of St. Lawrence on the 16th day of April, 1897, directing a reference of the issues in the action. The action is brought by the plaintiff for professional services alleged to have been rendered from and including the year 1885, to and including the year 1895. The order of reference' was made upon motion of the plaintiff against the opposition of the defendant.
1Opinion of the Court
Herrick, J.:
We adopt and approve the language of the court in Martin v. Windsor Hotel Company (10 Hun, 304), as follows: “ There is no fixed rule which prevents the reference, of an attorney’s account for services, to another attorney, and yet courts should be careful to avoid referring such cases to members of the same profession where there appears upon the face of the claim good reason to suppose that the client’s resistance on the ground of exorbitance and oppression may ¡Drove to be well founded. It is not because such referees will not do equal and full justice to the parties, but…
2Cases cited1 opinion
- Thayer v. . McNaughtonNew York Court of Appeals · 1889
3Cited by4 opinions
- Prentice v. HuffAppellate Division of the Supreme Court of the State of New York · 1904
- Franceschi v. Corte de Distrito de PonceSupreme Court of Puerto Rico · 1933
- Franceschi v. District Court of PonceSupreme Court of Puerto Rico · 1933
- Hopkins v. RathbunAppellate Division of the Supreme Court of the State of New York · 1899