13 N.Y.S. 822 | New York Court of Common Pleas | 1891
Upon the trial of this action the justice ruled that the plaintiff was not confined to the rates prescribed by section 3317 of the Code of Civil Procedure, and plaintiff was permitted, against defendant’s objections and exceptions, to recover in excess of those rates. This we think was error for which the judgment should be reversed. Plaintiff, having performed the services requested by the defendant, could, in the absence of an express agreement fixing the amount of compensation, at common law only recover what the services were fairly and reasonably worth. 1 Lawson, Rights, Rem. & Pr. p. 444, § 245, and page 465, § 266, and cases cited; Booth v. Bierce,