Hull v. Allen
New York Court of Common Pleas
This action was brought t'o recover $13,214.87, á balance claimed for services rendered to the defendant, In the Matter of the Estate of John Hancock, and suits growing therefrom.
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This action was brought t'o recover $13,214.87, á balance claimed for services rendered to the defendant, In the Matter of the Estate of John Hancock, and suits growing therefrom. The services commenced in 1874 and ended in the spring of 1883. The answer admitted the services, but charged exorbitancy in charges ; set up that they were rendered to defendant solely as executor; that the surrogate had made an award, and that the plaintiff had agreed to abide by the amount of award when he first connected himself with the case and payment of $8,800. The bill of particulars was twenty-eight pages…
1Opinion of the CourtBeach, J.
— There is a question concerning the agreement between the parties for the plaintiff’s professional services materially affecting the right of recovery. This should be *125submitted to a jury, unless the items of plaintiff’s account are so numerous and of such a character as to render it unlikely that a jury could carry them in mind with the accuracy required for intelligent consideration and a just conclusion. The labors of the attorney were germane to one subject of litigation and rendered under one retainer, although his specific acts during a persistent and lengthy contention were numerous,…
2Cases cited1 opinion
- Dittenhoeffer v. LewisNew York Court of Common Pleas · 1874