Gilbert v. Williams
Massachusetts Supreme Judicial Court
The declaration alleges that the defendant is a practising attorney in the counties of Berkshire and Hampshire; that .the plaintiff, being possessed of a certain promissory note for 28 dollars made by one Willard and payable to one Cutler, delivered the same note to the defendant, to be by him collected and paid over to the plaintiff, the same being*due and the property of the plaintiff; that he retained and employed the defendant, for a reasonable fee or reward to be paid…
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The declaration alleges that the defendant is a practising attorney in the counties of Berkshire and Hampshire; that .the plaintiff, being possessed of a certain promissory note for 28 dollars made by one Willard and payable to one Cutler, delivered the same note to the defendant, to be by him collected and paid over to the plaintiff, the same being*due and the property of the plaintiff; that he retained and employed the defendant, for a reasonable fee or reward to be paid him by the plaintiff, in his said capacity of attorney, to use all necessary care and fidelity in suing and collecting…
1Opinion of the Court
The cause was continued for advisement, and at this term the opinion of the Court was delivered as follows, by
Sedgwick, J.
There is no doubt that for any misfeasance or unreasonable neglect of an attorney, whereby his client suffers a loss, an action may be supported and damages recovered to the amount of that loss. By this I do not mean that an attorney is to be answerable for every error or mistake, and to be punished for it, by being charged with the payment of the debt, which he was employed to recover for his clients; but, on the contrary, that he shall be protected, where he acts with…
2Cited by26 opinions
- Colucci v. Rosen, Goldberg, Slavet, Levenson & Wekstein, P.C.Massachusetts Appeals Court · 1987
- McStowe v. BornsteinMassachusetts Supreme Judicial Court · 1979
- Pongonis v. SaabMassachusetts Supreme Judicial Court · 1985
- New England Fire & Marine Insurance v. RobinsonIndiana Supreme Court · 1865
- Glidden v. TerranovaMassachusetts Appeals Court · 1981
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