Stillwell v. Hernandez

Citations

• 7 Daly 485

Syllabus

<p>Where the complaint alleged a retainer of the plaintiff as counsel and attorney at law and attorney in fact, to procure the release of certain property belonging to the defendant, which had been seized and was detained by the Spanish Government, and an agreement that the plaintiff, upon the release of the prop- ' 'erty, should receive a specified compensation, and that the plaintiff had obtained ■the release of the property, and demanded judgment for the amount specified in. the agreement as such compensation,—Beld, that there was no ground for' ordering a bill of particulars of the services performed by the plaintiff, sinceunderthe complaint the plaintiff would he entitled to recover upon proving the-making of the agreement and the release of the property, and in case he failed to establish those facts, he could not recover the value of such services as he had performed under his .retainer as counsel and attorney at law.</p>