Hadley v. Ayres
New York Court of Common Pleas
Appeal from a judgment entered on the report of a referee. This action was brought by Amos K. Hadley, plaintiff, against Eleazer Ayres, defendant, to recover the sum of two thousand nine hundred dollars, which the former alleged that the latter owed him over and above all payments and counter-claims, for professional services rendered as an attorney and counselor at law, in prosecuting and defending divers suits in the courts of this State, and drawing sundry contracts and…
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Appeal from a judgment entered on the report of a referee. This action was brought by Amos K. Hadley, plaintiff, against Eleazer Ayres, defendant, to recover the sum of two thousand nine hundred dollars, which the former alleged that the latter owed him over and above all payments and counter-claims, for professional services rendered as an attorney and counselor at law, in prosecuting and defending divers suits in the courts of this State, and drawing sundry contracts and agreements, between January 1, 1857, and June 27, 1867. The defendant admitted that he employed the plaintiff, but…
1Opinion of the Court
By the Court.—Loew, J.
As the plaintiff in this action denies that he ever made the agreement, testified to by defendant,—that he would charge only the taxable costs for his services,—and as the referee found in his favor on that point, it became immaterial whether all the charges on the bill of particulars were strictly taxable or not.
Under the Code, an attorney, in the absence of an express agreement as to his compensation, is entitled to what his services are reasonably worth (Garr v. Mairet, 1 Hilt., 498; Stow v. Hamlin, 11 How. Pr., 452.
The plaintiff testified that he never made any…
2Cases cited7 opinions
- Adams v. . the Fort Plain BankNew York Court of Appeals · 1867
- Reid v. President & Directors of the Rensselaer Glass FactoryNew York Supreme Court · 1824
- Wood v. Hickok & HamiltonNew York Supreme Court · 1829
- Stow v. HamlinNew York Supreme Court · 1855
- Holmes v. RankinNew York Supreme Court · 1854
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