Cook v. Stilson
New York Supreme Court
This was an action of assumpsit brought to recover the amount of an attorney’s bill. The case was tried at the Otsego circuit on the. 15th day. of April, 1845, and the plaintiff obtained a verdict for $72,36. On the trial of the cause, the plaintiff’s attorney produced a taxed bill of costs in the common pleas of Otsego county, in a suit entitled Daniel Stilson, appellee, v. Charles Spoor, impleaded with Harvey Baker, and offered the same in evidence as evidence of the…
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This was an action of assumpsit brought to recover the amount of an attorney’s bill. The case was tried at the Otsego circuit on the. 15th day. of April, 1845, and the plaintiff obtained a verdict for $72,36. On the trial of the cause, the plaintiff’s attorney produced a taxed bill of costs in the common pleas of Otsego county, in a suit entitled Daniel Stilson, appellee, v. Charles Spoor, impleaded with Harvey Baker, and offered the same in evidence as evidence of the services and disbursements as therein charged, and the amount of the items as taxed. The plaintiff’s counsel admitted the…
1Opinion of the Court
By the Court,
Mason, J.
By the statute of George 2, chapter 23, section 23, “ no attorney or solicitor could commence or maintain any suit for the recovery of fees, charges or disbursements at law or in equity, until the expiration of one month or more after he had delivered to the party or parties to be charged therewith, or left for the party or parties at his or their dwelling or last place of abode, a bill of such fees, charts, or disbursements subscribed with his proper hand.” And the following is a statute of this state that was a long time in force: “No attorney, solicitor, sheriff or…
2Cases cited3 opinions
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- Hasey v. White Pigeon Beet Sugar Co.Michigan Supreme Court · 1843
- Scott v. ElmendorfNew York Supreme Court · 1815