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24 How. Pr. 521

Sandford v. Ruckman

New York Supreme Court

Decided March 15, 1863

New York Supreme Court · decided 1863-03-15

These actions were brought to recover for professional services. In the first case the plaintiffs sued as surviving partners of Edward Sandford, for services in his lifetime, and for their own services after his death in September, 1854, and up to January, 1856. The second suit was brought by one of the partners for services from January, 1856, when he became the sole attorney for the defendant, to the summer of 1858.

Decided 1863-03-15

By the court, Clerke, Justice.

¶1The questions of fact in these cases were, whether the plaintiffs, as the attorneys of the defendant in certain actions, were guilty of negligence and whether, even if they were not guilty of negligence, the *523finding in their favor was not for too large an amount. As to the first question, evidence to a considerable extent on behalf of the plaintiffs and the defendant was taken before the referee; and we can see no reason for the assertion that his conclusions from that evidence were against the weight of evidence.

¶2As to the second question, even admitting that the charges for term fees were not taxable as between the parties, yet it was proved that the aggregate amount of these fees was not an unreasonable compensation for the services rendered. This is all that is necessary to justify the finding of the referee., It is not necessary to refer to the fee bill, at all, to ascertain what is a proper compensation to be paid by a client to his attorney ; and if it is referred to, although the items would be deemed erroneous by the taxing officer, still, if the whole amount does not exceed . what the attorney is entitled to as a fair compensation for his client, the referee does not err by allowing him that amount. No legal exception taken in either case is tenable.

¶3The judgment in both cases should be affirmed with costs.

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