107 N.Y.S. 138 | N.Y. App. Div. | 1907
It was recognized upon the trial of the action and it is undoubted law that an attorney’s negotiation for work to be done in a law suit is the act of an agent for a known principal and for the expense of that service the agent does not become personally responsible. (Bonynge v. Field, 81 N. Y. 159; Judson v. Gray, 11 id. 408, 411; Covell v. Hart, 14 Hun, 252; Livingston Middleditch Co. v. New York College of Dentistry, 31 Misc. Rep. 259; Tyrrel v. Hammerstein, 33 id. 505.) Whether or not" at the time of the making of the contract for the printing of the case defendant Hotchkiss revealed to Mr. Speer the nature of the case and the nature of his interest therein, when the case wag sent to the printer it was a fair notice that the action wag
Sewell, J., concurred; Kellogg, J., concurred . in result; Chester and Cochrane, JJ., dissented.
Judgment and order reversed and new trial granted, with costs to appellant to abide event. •