Moshier v. Frost

Citations

• 110 Ill. 206

Syllabus

<p>1. Parties—recovery by one member of a law firm—for services not embraced in the business of the partnership. Where the firm business of attorneys at law only extends to their county, and one of such-firm is individually retained in cases out of such county, and not the firm, then, on the death of the attorney so employed, an action to recover for his services will be properly brought in the name of his administrator; and when an attorney is retained before forming a partnership, and his partner has no connection with or interest in the management of the litigation, there will be no right of action on such retainer to the firm.</p> <p>2. Estoppel—by party’s own admissions or statements, when acted upon. After the death of an attorney who had been attending to legal business for a party, the latter refused to recognize the attorney’s partner as having any interest in the claim for services, insisting that he employed the partner who had died, alone, and thereby induced the administrators of the deceased attorney to sue in their names for the fees due for such services: Held, that in such suit the defendant was precluded from insisting that he retained the firm. Parties are precluded from contradicting their solemn admissions or statements, deliberately made, when acted on by others.</p> <p>3. Evidence—entry in party’s oivn books. On the trial of a suit to recover for the services of an attorney at law, brought by his personal representatives, the defendant proved by a witness that he, the witness, paid the attorney his fee in a certain suit, brought in the name of the defendant. The plaintiffs then introduced in evidence an entry in the deceased attorney’s books, in his handwriting, showing that such fee was paid by the defendant: Held, that there was no error in the admission of such entry, as it tended to contradict the witness’ statement that he paid the fee.</p>