Dodge v. Schell
U.S. Circuit Court for the District of Southern New York
The plaintiffs, composing the firm of Phelps, Dodge & Co., in or about the year 1860, entered into an agreement, which, after reciting the exaction of certain alleged excessive duties on importations by the collectors of customs at various ports in the United States, provided as follows: “The undersigned, in behalf of themselves and consignors, have employed Alfred Douglas, Jr., and Earl Douglas, of New York city, who agree on their behalf to endeavor to establish, by legal…
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The plaintiffs, composing the firm of Phelps, Dodge & Co., in or about the year 1860, entered into an agreement, which, after reciting the exaction of certain alleged excessive duties on importations by the collectors of customs at various ports in the United States, provided as follows: “The undersigned, in behalf of themselves and consignors, have employed Alfred Douglas, Jr., and Earl Douglas, of New York city, who agree on their behalf to endeavor to establish, by legal decisions or otherwise, that such exactions are illegal, and to recover the excess of duty and fees paid by us to the…
1Opinion of the CourtWallace, J.
This is a motion by plaintiffs to vacate an appearance by an attorney in their behalf, as unauthorized.
The attorney does not dispute the plaintiffs’ right to substitute another attorney in his place, but insists they should not be permitted to do so until they fulfill their obligations to one whom the present attorney immediately represents.
Prior to 1864, Phelps, Dodge & Co., -the plaintiffs, made an agreement with one Douglas by which they employed the latter to prosecute a claim of theirs against the government, growing out of alleged illegal exactions of duties and fees. By this agreement…
2Cases cited2 opinions
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Spalding v. . RosaNew York Court of Appeals · 1877
3Cited by6 opinions
- Goodwin Film & Camera Co. v. Eastman Kodak Co.Court of Appeals for the Second Circuit · 1915
- Ronald v. Mutual Reserve Fund Life Ass'nU.S. Circuit Court for the District of Southern New York · 1887
- Dale v. RedfieldU.S. Circuit Court for the District of Southern New York · 1884
- Reese v. ResburghAppellate Division of the Supreme Court of the State of New York · 1900
- Sargent v. McLeodAppellate Division of the Supreme Court of the State of New York · 1913
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