Executors of Smedes v. Elmendorf
New York Supreme Court
THIS was an action on the case against the defendant for negligence as an attorney. The cause was tried before Mr. Justice Spencer, at the last Ulster circuit. The declaration stated, that the testator on the 31st day ¡of January, 1795, delivered to the defendant a promissory note, dated the 10th May, 1795, for 35l.
Read the full summary
THIS was an action on the case against the defendant for negligence as an attorney. The cause was tried before Mr. Justice Spencer, at the last Ulster circuit. The declaration stated, that the testator on the 31st day ¡of January, 1795, delivered to the defendant a promissory note, dated the 10th May, 1795, for 35l. (equal to 87 dollars and 50 cents) made by one Lewis Hardenhergh, jun. payable to the testator, to be collected by the defendant as an attorney; that during two years from and after the 31st January, 1795, the said Hardenhergh was frequently in the state of New-York, and amenable…
1Opinion of the CourtSpencer, J.
On the motion to set aside the verdict in this cause, the defendant’s counsel has insisted,
1. That the charge of the judge to the jury Was incorrect, in stating that the receipt for the note created a presumption, that the note itself was lodged with the defendant for collection.
2. That the verdict was against the weight of evidence, as to any neglect on the part of the defendant in collecting the note, .and as to its being left with him for collection.
1. That an attorney is responsible for negligence of the trust reposed in him, by a client, has not been questioned. The plaintiff’s claim in…
2Cited by6 opinions
- Dulberg v. MockNew York Court of Appeals · 1956
- Goodman v. WalkerSupreme Court of Alabama · 1857
- Foulks v. FallsIndiana Supreme Court · 1883
- Hamilton v. CunninghamU.S. Circuit Court for the District of Eastern Virginia · 1828
- Parker - Smith v. Prince Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1916
1 more not listed; retrieve them via the Exa API.