2 D.C. 144
Decided June 15, 1817
Assumpsit for professional services rendered by the plaintiff, who was an attorney and counsellor of this court. Besides his legal fees as attorney amounting to $70, the plaintiff proved an express promise by the defendant to pay the plaintiff $100 if the defendant should obtain a new trial in the case of Stull and others against him, which iVas obtained. contended that the plaintiff could not recover, in an action at law, his fees either as attorney or counsel.
Decided 1817-06-15
¶1was of opinion that the fee as counsellor could not be recovered at law; and (Thruston, J., contra,) that the legal attorney’s fee could be recovered in as-sumpsit.
¶2Verdict for plaintiff, for $7/), the amount of his taxable fees as attorney for the defendant in several suits.