Dowd v. Troup

Mississippi Supreme Court
Dowd v. Troup, 57 Miss. 204 (Miss. 1879)
Campbell

Dowd v. Troup

Opinion of the Court

Campbell, J.,

delivered the opinion of the court.

As Troup was willing that Dowd, the survivor of the law firm of Sale & Dowd, whom he had employed and paid to conduct his defence through the litigation in the Chancery Court, should fulfil the obligation of Sale & Dowd, it was not allowable for Dowd, who was but discharging his own obligation as a member of the partnership of Sale & Dowd, to claim of Troup any more, for services he rendered after the dissolution of the partnership by the death of Sale, than Sale & Dowd could have claimed if they had rendered all the services. The death of Sale entitled Troup to settle with Sale & Dowd for services rendered, and $o employ other counsel; but if Troup was willing that Dowd should stand in the place of Sale & Dowd, and go on with the ease as if Sale had not died, Dowd had no claim on Troup for additional compensation, unless there was a new contract between them, by the terms of which he was to have such compensation. Weeks on Attorneys, § 191. There is no satisfactory evidence of a new contract between Dowd and Troup, by which Dowd was entitled to demand any thing of him.

Judgment affirmed.

Reference

Full Case Name
Anna W. Dowd, extrx., etc. v. W. W. Troup
Cited By
1 case
Status
Published