Kersey v. Garton
Supreme Court of Missouri
Appeal from Greene Probate and Common Pleas Court. — Hon. T. H. B. Laurence, Judge. This was a suit for attorney’s fees.
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Appeal from Greene Probate and Common Pleas Court. — Hon. T. H. B. Laurence, Judge. This was a suit for attorney’s fees. The petition alleged that the plaintiffs were partners in the profession and practice of law under the firm name of Kersey & Druley; that they were employed hy defendant to bring suit for certain land for a fee contingent upon success; that they had brought the suit and were- prosecuting the same, when defendant refused to permit them to proceed and had the suit dismissed; and that defendant refused to pay plaintiffs any fee. The answer was a general denial. Plaintiffs had…
1Opinion of the Court
I
Sherwood, J.
-The objection that the petition does not state that either of the plaintiffs ever obtained a license to practice law, cannot be urged in arrest. The defect is *646not a fatal one, and is cured by verdict. Inferentially, at least, the allegation is made that plaintiffs were duly admitted to the bar.
II
The declaration of law to the effect that the defendant having prevented the plaintiffs from completing their contract by dismissing his suit, they were entitled to recover as if the contract were fully performed on their part, we regard, in view of the facts in evidence, as correct and…
2Cases cited4 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Baldwin v. BennettCalifornia Supreme Court · 1854
- Myers v. CrockettTexas Supreme Court · 1855
- McElhinney v. KlineMissouri Court of Appeals · 1878
3Cited by43 opinions
- Martin v. . CampNew York Court of Appeals · 1916
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- French v. CunninghamIndiana Supreme Court · 1898
- Mills v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1920
- Wilson v. Motors Insurance CorporationMissouri Court of Appeals · 1961
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