Whitelegge v. De Witt
New York Court of Common Pleas
Appeals from a judgment of the General Term of the Marine Court of the city of New York affirming a judgment of that court entered upon the verdict of a jury and an order denying a motion for a new trial; and from an order of said General Term affirming an order of said Marine Court denying a motion for a re-taxation of costs.
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Appeals from a judgment of the General Term of the Marine Court of the city of New York affirming a judgment of that court entered upon the verdict of a jury and an order denying a motion for a new trial; and from an order of said General Term affirming an order of said Marine Court denying a motion for a re-taxation of costs. The action was brought to recover from one John De Witt for professional services of plaintiff as an attorney rendered to De Witt in an action brought by De Witt against one Michael Roche. A warrant of attachment was issued in that action, and was levied upon property…
1Opinion of the CourtVast Hoesen, J.
The judge properly ruled that the bill of costs, as taxed, is not to be regarded as the measure of compensation between attorney and client (Stow v. Hamlin, 11 How. Pr. 452). The relations between attorney and client are carefully considered in the leading case of Ward v. Syme (9 How. Pr. 16), as well as in Rooney v. Second Avenue R. R. Co. (18 N. Y. 368), and those cases leave no room for doubt that in the State of New York, since the old fee bill was abolished, an attorney is not compelled to labor for the amounts awarded as costs to the prevailing party, but is entitled to recover the…
2Cases cited10 opinions
- Rooney v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1858
- Standard Oil Co. v. . Amazon Ins. Co.New York Court of Appeals · 1880
- Chamberlain v. . BellerNew York Court of Appeals · 1858
- Isham v. . DavidsonNew York Court of Appeals · 1873
- Mott v. Consumers Ice Co.New York Court of Common Pleas · 1879
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3Cited by5 opinions
- Graybill v. Van DyneNew York Supreme Court · 1971
- Rohrs v. RohrsCity of New York Municipal Court · 1911
- Ury v. WildeThe Superior Court of the City of New York and Buffalo · 1888
- Gregory v. FichtnerNew York Court of Common Pleas · 1891
- Ury v. WildThe Superior Court of New York City · 1888