Russell v. McDonald
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Alexander McDonald and others, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 16th day of April, 1908, granting the plaintiffs’ motion for a reference on the ground that the trial of the action would involve the examination of a long account.
1Opinion of the Court
Houghton, J.:
The action is to recover the value of services performed by attorneys, and the employment and value are both denied.
The hill of particulars furnished by the plaintiffs in addition to certain disbursements which are insignificant shows twenty-five separate charges for services, three of which are specified as retainers. The remaining twenty-two items relate to services performed in only five separate matters, and those not of a complicated character, consisting mainly of consultations, conferences and negotiations of settlements.
While an attorney is not precluded from demanding a…
2Cases cited3 opinions
- Feeter v. . ArkenburghNew York Court of Appeals · 1895
- Lewis v. SnookAppellate Division of the Supreme Court of the State of New York · 1903
- Hoff v. Robert H. Reid & Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by5 opinions
- Thibaudeau v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1934
- Starace v. CimentiCivil Court of the City of New York · 1973
- Crowell v. WyldeAppellate Division of the Supreme Court of the State of New York · 1931
- Franceschi v. District Court of PonceSupreme Court of Puerto Rico · 1933
- York v. McKeever Co.New York Supreme Court · 1917