Adams v. Stevens & Cagger
New York Supreme Court
ERROR from the Supreme Court. An action was brought by Stevens & Cagger against Adams, for the services of Stevens as counsel in arguing two causes for the defendant, in this court.
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ERROR from the Supreme Court. An action was brought by Stevens & Cagger against Adams, for the services of Stevens as counsel in arguing two causes for the defendant, in this court. The case was heard by referees who made a report in favor of the plaintiffs for $300, which the defendant moved to set aside, on the ground that an action does not lie for the recovery of compensation for services rendered as counsel, beyond the fee prescribed by statute, viz. $3.75, in each cause. Messrs. Stevens & Cagger were not the attorneys of Adams in the prosecution of the writs of error, but Mr. Stevens…
1Opinion of the Court
After advisement, the following opinions were delivered:
By the Chancellor.
The question presented in this case is whether, by the laws of this state, a counsellor who is employed to argue a cause for his client, under an agreement to pay him a greater compensation for his services than the nominal counsel fee mentioned in the statute, can sustain an action to recover that compensation. Blackstone lays it down as the established law of England, that a counsellor cannot sustain a suit for his fees; and he cites for this purpose the case of Moor v. Row, 1 Rep. in Ch. 38, in the time of Lord…
2Cited by19 opinions
- Itar-Tass Russian News Agency v. Russian Kurier, Inc.Court of Appeals for the Second Circuit · 1998
- Martin v. . CampNew York Court of Appeals · 1916
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- Goodrich v. . McDonaldNew York Court of Appeals · 1889
- In the Matter of the Application of KnappNew York Court of Appeals · 1881
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