Fox v. Rentschler

Citations

• 147 Pa. 240
• 23 A. 803
• 1892 Pa. LEXIS 820

Syllabus

<p>Counsel fees — Affidavit of defence.</p> <p>In a suit for counsel fees plaintiff averred that he had been employed by defendants, two of the executors of a will, and had done a large amount of work for them, much of which was occasioned by their differences with the third executor; that before the account was filed, the defendants had dismissed him, whereupon at the audit he had presented claim for $1,000; that defendants made no objection to the amount claimed and did not deny that the services had been rendered, but that their counsel claimed that the estate should not be charged with the whole of it. The court then allowed plaintiffs $500 without prejudice to his rights against the executors personally for the balance. The defendants averred in their affidavit of defence that the plaintiff had rendered them no service ; that he had him employed as counsel for the estate, and had been paid for his services on such employment, that the defendants had never promised to pay him anything, and that his services to the estate were worthless: Held, that there was no error in refusing judgment for want of a sufficient affidavit of defence.</p>