Public-domain · open source
OpenJurist

44 Vt. 259

Ladd v. Mott

Supreme Court of Vermont

Decided January 15, 1872

Supreme Court of Vermont · decided 1872-01-15

This was an action of book account, and beard and tried upon the auditor’s report, September term, 1871, Royce, J., presiding, and judgment rendered on the report for defendant, to which the… Held: but after it had been warned, the defendant called upon the plaintiffs and employed and retained them to assist him professionally in his difficulty with the town ; and a consultation of considerable length was had, in which the bond was shown, and its legal effect discussed.

Decided 1872-01-15

¶1The opinion of the court was delivered by

Wheeler, J.

¶2Upon the facts reported by the auditor, the sum charged by the plaintiffs was due them from the defendant as soon, as the consultation was had and the advice was given. They were, professionally, bound to the defendant about that litigation by his retainer; but they were not bound to wait any space of time for the-pay for their services about the consultation and advice upon the subjects of the litigation. This question is different from those relating to charges for services by counsel in a suit, actually pending, in which services were rendered from its commencement to its termination. No opinion concerning such ques*262tions is now necessary. In this case, the cause of action, for which the plaintiffs seek to recover, accrued to them more than six years before the commencement of their suit, and the defendant had a right to avail himself of the statute bar if he chose.

¶3Judgment affirmed.

/44/vt/259 · .json · Public domain