Warner & Post v. Griswold
New York Supreme Court
Error from the New-York common pleas. This was an action of assumpsit, brought by Warner and Post against Gris-wold, to recover the amount of a bill of costs in a suit prosecuted by them for Griswold.
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Error from the New-York common pleas. This was an action of assumpsit, brought by Warner and Post against Gris-wold, to recover the amount of a bill of costs in a suit prosecuted by them for Griswold. The plaintiffs were partners as attorneys, and commenced and prosecuted a suit for Griswold ,- in the prosecution of it, the name of Mr. Post alone was used, and his name alone appeared on the record as the attorney for the plaintiff The plaintiffs were equally interested in the taxable costs of all common law suits prosecuted by them ; they proved the amount of the bill as taxed, and rested.…
1Opinion of the Court
By the Court, Sutherland, J.
A partnership between at-^. tornies is admitted to be lawful. Like other partnerships, it may be composed of two or more individuals, and all will be responsible for the acts of each, within the scope of the partnership. They constitute but one person in law. If one of” two attorneys, who are partners, receives money collected for a client, and embezzles or absconds with it, that will form no defence to the other partner. If one should be guilty of extortion, the other would be liable to repay what had been illegal ly received. If a suit instituted in the name of…
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