Young v. Whitney

Citations

• 18 Fla. 54

Syllabus

<p>1. In a suit by an attorney to recover compensation for professional services, defendant testifies that plaintiff’s services “have been of no value, but had been a great harm to him but the whole evidence shows that the services had resulted favorably to his client, and there is no proof that any loss or delay had occurred by reason of plaintiff’s management of his client’s business, and there is no conflict of testimony as to the value of the services, the defendant’s testimony cannot prevail against the proof of such value.</p> <p>2. In foreclosing a mortgage, a cestui que trust is not a necessary party defendant, where the mortgagor holds the legal title under a secret trust, as the trustee represents the cestui que trust.</p>