Russell v. Lane
New York Supreme Court
This was a motion, by the plaintiff, for an order directing the defendants to pay to the plaintiff the costs of suit. It appeared by the affidavit of the plaintiff’s attorney that the suit was brought to recover an account the plaintiff claimed against J. Burr, the defendant’s intestate, for professional services, as attorney, solicitor and counsellor. In April, 1845, he presented the account to Mr. Lane, one of the administrators, and .requested payinent.
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This was a motion, by the plaintiff, for an order directing the defendants to pay to the plaintiff the costs of suit. It appeared by the affidavit of the plaintiff’s attorney that the suit was brought to recover an account the plaintiff claimed against J. Burr, the defendant’s intestate, for professional services, as attorney, solicitor and counsellor. In April, 1845, he presented the account to Mr. Lane, one of the administrators, and .requested payinent. Lane declined to pay the same, but said he would examine it, and give the plaintiff an answer. Hearing nothing from the administrators, in…
1Opinion of the CourtHand, J.
The affidavits in some particulars are in conflict, but not so much, in most of the material parts, as would seem *522at first view. I cannot doubt, after carefully reading the papers, that the discrepancies originated from misrecollection or pure mistake. The plaintiff’s attorney may have left the first account with the defendant’s counsel and not with Mr. Lane, and yet, as he states, have conversed with the latter in relation to it. And he may also .have conversed with the counsel in December about the matter, but, inadvertently, omitted to leave with him the verified account. Mr. Lane is…
2Cases cited2 opinions
- Cram v. HendricksCourt for the Trial of Impeachments and Correction of Errors · 1831
- Bullock v. BogardusCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by6 opinions
- Field v. . FieldNew York Court of Appeals · 1879
- Fort v. GoodingNew York Supreme Court · 1850
- Hill v. PrintupSupreme Court of Georgia · 1880
- Estate of Burns, Superior Court of California, County of San Francisco1880
- Healy v. MurphyCity of New York Municipal Court · 1891
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