Bowman v. Earle
The Superior Court of New York City
This action comes before the court on an appeal from each of three several orders made in it, and upon a motion to dismiss one of the appeals. In the complaint, the plaintiff states that he was retained by the defendant as his attorney and counsel, to defend two actions brought against the defendant in the Hew York Common Pleas, and that he did defend them, and made disbursements, &c.
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This action comes before the court on an appeal from each of three several orders made in it, and upon a motion to dismiss one of the appeals. In the complaint, the plaintiff states that he was retained by the defendant as his attorney and counsel, to defend two actions brought against the defendant in the Hew York Common Pleas, and that he did defend them, and made disbursements, &c. One of those actions was brought by a Mr. Stone, as plaintiff, and the other by a Mr. Baskerville. The plaintiff furnished a bill of the particulars of his claim. By that he claimed, in the action brought by…
1Opinion of the CourtBy the Court. Bosworth, J.
In this action, the plaintiff seeks to recover for services rendered by him as the attorney and counsel of the defendant, in the defence of two suits. He puts his own estimate upon his services in his complaint, and states his own judgment of their value, and names in the summons and in his complaint an amount for which he prays judgment. His complaint being general, he furnished a bill of the particular items of Ms claim. In it were no charges for two matters allowed in the report of the referee.
A bill of particulars has the effect to restrict the proofs, and limit the recovery, to the…
2Cases cited1 opinion
- Dox v. DeyNew York Supreme Court · 1829
3Cited by12 opinions
- First Nat. Bank v. CalkinsSouth Dakota Supreme Court · 1903
- Union Bank v. MottNew York Supreme Court · 1860
- Stevens v. WebbNew York Court of Common Pleas · 1883
- Cudworth v. GaynorWisconsin Supreme Court · 1890
- Jackson v. DohertyAppellate Terms of the Supreme Court of New York · 1896
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