26 N.Y.S. 1076 | N.Y. Sup. Ct. | 1894
The defendant Jane Palmeter was a sister and heir at law of Alice G. Bentley, deceased, and, as such, contested the admission of her will to probate before the surrogate, Chautauqua county. The plaintiff was employed by defendants to conduct such contest. The evidence tends to show that he was employed by both of the defendants, who are husband and wife, and a case was prepared, tried, and submitted to the surrogate upon written briefs. Thereupon the plaintiff rendered a bill for his services, in which he charged them $125, and inclosed a note for that amount, which
“If a client refuses to advance money to pay the expenses of the litigation, or if he unreasonably refuses to advance money, during the progress of a long litigation, to his attorney, to apply upon his compensation, sufficient cause may thus be furnished to justify the attorney in withdrawing from the service of his client.”
The plaintiff’s claim is upon quantum meruit, and is prosecuted upon the theory that no express agreement was made as to the compensation that should be paid for his services. There was no evidence that he had abandoned Ms clients’ case. He had performed all the services he could render down to the time of the entering of the decree. He had rendered his bill for such services, and no objection had been made thereto as to the amount, or to the effect that it was not due at the time the action was brought, We think, therefore, that, under the circumstances, his judgment should have been permitted to stand.
Upon the trial an exception was taken as to the admission of oral evidence as to the contents of the letter sent to the defendants