Hand v. Church
New York Supreme Court
Appeal from a judgment in favor of tbe plaintiffs, entered in Albany county upon tbe report of a referee. Tbe action was brought to recover on an account for services as attorneys and counselors-at-law, rendered by tbe plaintiffs to tbe defendant. No question was made as to tbe rendition of tbe services.
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Appeal from a judgment in favor of tbe plaintiffs, entered in Albany county upon tbe report of a referee. Tbe action was brought to recover on an account for services as attorneys and counselors-at-law, rendered by tbe plaintiffs to tbe defendant. No question was made as to tbe rendition of tbe services. Tbe defendant’s contention was, that an arrangement existed between the parties which precluded tbe plaintiffs from mating certain of the charges; that certain of tbe charges were excessive ; and that the plaintiffs were not entitled to interest upon the items in dispute.
1Opinion of the Court
Landon, J.:
Among the items for which the plaintiffs sought recovery was a charge of $1,000 for services in the case of Van Leuven v. Church. The defendant, as a witness in his own behalf, after giving ®.n account of the action and of the services rendered by the plaintiffs in it, was asked, “ What, in your opinion, is the fair value of the services rendered by the plaintiffs in that action ? ” The plaintiffs objected that the witness was incompetent to give an opinion. The witness was then examined as to his competency, and he testified that he was not a practicing lawyer; that lie had been…
2Cases cited6 opinions
- Clark v. . BairdNew York Court of Appeals · 1853
- Adams v. . the Fort Plain BankNew York Court of Appeals · 1867
- Smith v. . VelieNew York Court of Appeals · 1875
- Hammond v. . VarianNew York Court of Appeals · 1873
- Pullman v. . CorningNew York Court of Appeals · 1853
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