Walradt v. Maynard
New York Supreme Court
Walradt sued Maynard before a justice for moneys collected by him as attorney, and which he refused to pay over. Maynard pleaded the general issue, and gave notice of set-off for fees as attorney and counsellor, &c. A recovery was had before the justice and an appeal taken by Maynard, to the Chenango common pleas, and a trial had, in which Walradt was again successful.
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Walradt sued Maynard before a justice for moneys collected by him as attorney, and which he refused to pay over. Maynard pleaded the general issue, and gave notice of set-off for fees as attorney and counsellor, &c. A recovery was had before the justice and an appeal taken by Maynard, to the Chenango common pleas, and a trial had, in which Walradt was again successful. The cause came before this court,- on a motion by the defendant to set aside the verdict upon a case eihbodying the exceptions taken on the trial. It appeared from the evidence that Walradt recovered a judgment in a justice’s…
1Opinion of the Court
By the Court,
Morehouse, J.
Money collected by an attorney for his client, must be demanded, or a direction to remit given and neglected, before a suit can be brought therefor. The question is whether there was a waiver of'it. Rathbun v. Ingalls, (7 Wend. 320,) is cited for tfoe rule, and also for an *586exception to it. In that case, the defendant had made declarations to third persons, not the agents of the plaintiff, nor in any manner connected with him, that he intended to retain the money to indemnify him for a fraud which had been committed upon him by the plaintiff, in the sale of a horse,…
2Cases cited2 opinions
- Rathbun v. IngalsNew York Supreme Court · 1831
- Langdon v. PotterMassachusetts Supreme Judicial Court · 1816
3Cited by10 opinions
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- Hinkley v. St. Anthony Falls Water Power Co.Supreme Court of Minnesota · 1864
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