Legal Opinion

Foster v. Newbrough

New York Supreme Court

Decided November 3, 1873PublishedCited by 1 opinion

THIS action was brought to recover for services rendered by the plaintiff as attorney and counsellor and for money advanced.

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THIS action was brought to recover for services rendered by the plaintiff as attorney and counsellor and for money advanced. The answer denied every allegation in the complaint, except the employment of the plaintiff in the suits specified in the complaint, and alleged that the plaintiff agreed to render services for a small compensation ; that the plaintiff rendered accounts, at different times, which the defendant promptly paid; and that prior to action he had a full settlement and paid all claims against him. The case was tried before a referee, who reported in favor of the plaintiff, and…

1Opinion of the Court

By the Court,

Ingraham, P. J.

The evidence on the part of the plaintiff consisted, mainly, of testimony as to the various suits which the plaintiff had in charge and the services rendered in each. In the course of this examination the plaintiff testified to disbursements in going to Washington for the defendant. This was objected to because the items were not furnished, before he was compelled to pay the account. The objection was overruled.

There was no objection to the defendant’s stating the amount of the disbursements. The defendant had the right, on cross-examination, to inquire into the…

2Cited by1 opinion

  1. Wadsworth v. . AllcottNew York Court of Appeals · 1851

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