Simmons v. Davenport.
Supreme Court of North Carolina
ActioN by F. M. Simmons and others against B. B. Davenport, beard by Judge Jas. L. Webb and a jury, at the May Term, 1905, of the Superior Court of Chaven. Plaintiffs sued the defendant to recover an amount alleged to be due for professional services rendered by them at his request in collecting a debt.held by him against an insolvent bank. Defendant denied that he was indebted to the plaintiffs.
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ActioN by F. M. Simmons and others against B. B. Davenport, beard by Judge Jas. L. Webb and a jury, at the May Term, 1905, of the Superior Court of Chaven. Plaintiffs sued the defendant to recover an amount alleged to be due for professional services rendered by them at his request in collecting a debt.held by him against an insolvent bank. Defendant denied that he was indebted to the plaintiffs. There was evidence tending to show that plaintiffs had rendered the services at the request of the defendant, and that the latter had received the benefit of them and had refused to pay what they…
1Opinion of the Court
Walker, J.,
after stating the case: We do not see upon what ground the defendant can complain of the instructions of the court. If the plaintiffs were employed by the defendant as attorneys to represent him and take care of his interests, and they rendered services to him under the contract, they were entitled to recover what their services were reasonably worth, there being no stipulation as to the amount the plaintiffs were to receive, and it can make no difference, in this view of the case, whether the third issue was answered or not, there being enough left, if that issue had not been…
2Cases cited15 opinions
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
- State v. . BradySupreme Court of North Carolina · 1890
- State v. . HaneySupreme Court of North Carolina · 1837
- Boon v. . MurphySupreme Court of North Carolina · 1891
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3Cited by88 opinions
- State v. . MerrickSupreme Court of North Carolina · 1916
- State v. Bohanon.Supreme Court of North Carolina · 1906
- State v. MerrickSupreme Court of North Carolina · 1916
- Baker v. WinslowSupreme Court of North Carolina · 1922
- Mebane Graded School District v. County of AlamanceSupreme Court of North Carolina · 1937
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