Marsh v. Holbrook
New York Court of Appeals
Luther R. Marsh sued Lowell Holbrook, in the New York common pleas, as surviving partner of Thomas S. Nelson, deceased, to recover for professional services rendered by plaintiff to the firm of Holbrook & Nelson.
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Luther R. Marsh sued Lowell Holbrook, in the New York common pleas, as surviving partner of Thomas S. Nelson, deceased, to recover for professional services rendered by plaintiff to the firm of Holbrook & Nelson. The plaintiff was an attorney and counselor of the supreme court, and was retained by Holbrook & Nelson to prosecute an action already pending on their behalf, against Francis GL Yose and others; and at the time of so retaining and employing him, Holbrook & Nelson promised and agreed with him that they would pay him the sum of five thousand dollars “ if he got the case.” The amount…
1Opinion of the CourtJames, J.
The appellant’s first point is, that the referee erred in excluding the evidence offered by the defendants of the value of the plaintiff’s services, and in rendering a judgment upon an issue not made by the pleadings.
By the Code, all forms of pleadings were abolished, except as prescribed by that act. A plain and concise statement of the facts upon which the party relies, is all that is now required. This complaint, after stating the character of the parties, the employment, its nature, and the condition of the subject matter, avers the value of the services to be five thousand dollars, and…
2Cases cited5 opinions
- Shepard v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1862
- Thompson v. . KesselNew York Court of Appeals · 1864
- Baldwin v. . Van DeusenNew York Court of Appeals · 1868
- Clark v. Mayor of New-YorkNew York Supreme Court · 1848
- Gracie v. FreelandNew York Court of Appeals · 1848
3Cited by10 opinions
- Martin v. . CampNew York Court of Appeals · 1916
- Martin v. CampAppellate Division of the Supreme Court of the State of New York · 1914
- In re the Judicial Settlement of the Account of MengAppellate Division of the Supreme Court of the State of New York · 1919
- Randall v. Michelin Tire Co.New York Supreme Court · 1930
- In re Albers Realty Co.Appellate Division of the Supreme Court of the State of New York · 1910
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