Legal Opinion

Mumford v. Hawkins

New York Supreme Court

Decided May 15, 1848PublishedCited by 10 opinions

Assumpsit, tried at-the Schenectady circuit, in October, 1844, before Parker, Cir. J’. The plaintiff sought to recover the amount of a bill of" fees for services rendered by him as a master in chancery, in a proceeding instituted by the Exchange Bank of Genesee, in the court of chancery, against the Clinton Bank.

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Assumpsit, tried at-the Schenectady circuit, in October, 1844, before Parker, Cir. J’. The plaintiff sought to recover the amount of a bill of" fees for services rendered by him as a master in chancery, in a proceeding instituted by the Exchange Bank of Genesee, in the court of chancery, against the Clinton Bank. It was proved by the plaintiff that on the 20th of September, 1840, S. Benedict, jun. the then president of the Exchange Bank of Genesee, presented a petition to the chancellor as such president, setting forth that the Exchange Bank was a creditot of the Clinton Bank for a sum of…

1Opinion of the Court

By the Court, Beardsley, Ch. J.

It was provided by a former statute of this state, but which is not now in force, that no action should be commenced by any attorney for the recovery of his fees or charges, until eight days after service of a bill of such fees and charges on the party to be charged therewith. (1 R. L. 417, § 9.) The English statute on the same subject required such bill to be served at least one month before suit was brought upon it. (1 Tidd’s Pr. 326.) Where a bill had been served as the statute required, and an action was brought to recover the amount, the defendant was not…

2Cases cited2 opinions

  1. American Insurance v. OakleyNew York Court of Chancery · 1842
  2. Scott v. ElmendorfNew York Supreme Court · 1815

3Cited by10 opinions

  1. Western Bank of Missouri v. GilstrapSupreme Court of Missouri · 1870
  2. Colman v. W. Va. O. & O. L. Co.West Virginia Supreme Court · 1884
  3. Lee v. Pittsburgh Coal & Mining Co.The Superior Court of New York City · 1877
  4. Streeten v. RobinsonCalifornia Supreme Court · 1894
  5. Hellman v. HellmanNew York Supreme Court · 2008

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