Schermerhorn v. Van Allen
New York Supreme Court
This was an appeal by the defendant from a judgment entered upon the report of a referee. The action was brought to recover compensation for services as an attorney, and for disbursements paid, and for counsel fees. The complaint was in very general terms.
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This was an appeal by the defendant from a judgment entered upon the report of a referee. The action was brought to recover compensation for services as an attorney, and for disbursements paid, and for counsel fees. The complaint was in very general terms. It alleged that the defendant was indebted to the plaintiff in the sum of one thousand dollars, for the work, labor, services and advice of the plaintiff as an attorney, solicitor and counsellor, done and performed in the prosecution and defense of divers causes, suits and actions in the supreme court of this state, and, in the court of…
1Opinion of the Court
By the Court, Parker, J.
It seems to me the evidence was improperly excluded. Under a general allegation of indebtedness, the plaintiff had proved certain services rendered, and their value. It was surely competent for the defendant, under a denial of such indebtedness, to prove that he never incurred nor owed the debt. He had a right to prove that the services were rendered as a gratuity, either as to the whole or in part; or that the plaintiff had himself fixed a less price for their value than he claimed to recover. The services being proved, the defendant might show that they were rendered…
2Cases cited1 opinion
- Runyan v. NicholsNew York Supreme Court · 1814
3Cited by7 opinions
- Goble v. DillonIndiana Supreme Court · 1882
- Hogen v. KlaboNorth Dakota Supreme Court · 1904
- Cary v. Western Union Telephone Co.New York Supreme Court · 1888
- Raynor v. TimersonNew York Supreme Court · 1866
- Miller v. DeckerNew York Supreme Court · 1863
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