Davis v. Farwell
Supreme Court of Vermont
Book Account. Heard on the auditor’s report and exceptions thereto, at the June Term, 1906, Windsor County, Rowell, J., presiding. Judgment for the plaintiff. The defendant excepted. The opinion states the case. An attorney cannot recover for services, which, by reason of his unfaithfulness, are of no benefit to his client. Bracy v. Carter, 12 A. & E. 373; Hill v. Feather stonbough, 7 Bing. 569; 1 Parsons on Contract. 123; Brodin v. Kingland, 4 Wats.
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Book Account. Heard on the auditor’s report and exceptions thereto, at the June Term, 1906, Windsor County, Rowell, J., presiding. Judgment for the plaintiff. The defendant excepted. The opinion states the case. An attorney cannot recover for services, which, by reason of his unfaithfulness, are of no benefit to his client. Bracy v. Carter, 12 A. & E. 373; Hill v. Feather stonbough, 7 Bing. 569; 1 Parsons on Contract. 123; Brodin v. Kingland, 4 Wats. (Pa.) 420; Currie v. Cowles, 6 Bosw. 452; Herrick v. Cutley, 1 Daly 512; McClosky v. Gleason, 56 Yt. 264; Spaulding v. Wakefield, 53 Yt. 660;…
1Opinion of the CourtMiles, J.
This is an action in book account brought by the plaintiff, an attorney at law, against the defendant, to recover for professional services. The case was tried by an auditor who reported in substance, among other things unnecessary to state, that in September 1898, the defendant employed the plaintiff to make a collection against one Hope of Fitchburg, Mass. The plaintiff turned the matter over to J. E. McConnell, a Fitchburg attorney, to assist him in its collection, by whom a suit was shortly thereafter brought against the debtor, Hope. The plaintiff retained the general charge of the…
2Cases cited10 opinions
- Cox v. SullivanSupreme Court of Georgia · 1849
- Hutchinson v. HowardSupreme Court of Vermont · 1843
- Hurlbert v. BrighamSupreme Court of Vermont · 1883
- Hopping v. QuinNew York Supreme Court · 1834
- Rising v. CummingsSupreme Court of Vermont · 1875
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3Cited by3 opinions
- New York Central Railroad v. ClarkSupreme Court of Vermont · 1918
- In re AldrichSupreme Court of Vermont · 1913
- Nason v. Addison County Trust Co.Supreme Court of Vermont · 1932