Plaintiff, an attorney, undertook a prosecution for perjury on defendant’s behalf, and agreed not to charge him full costs, except money out of pocket. He disbursed 105 pounds towards carrying on the proceedings, but, by negligence, preferred a defective indictment, and, in consequence, the prosecution failed. Held that he could not recover against defendant for the disbursements. Defendant, in the course of the proceedings, advanced plaintiff 100 1. for carrying them on ; and he applied it accordingly. Held, that, in an action by plaintiff for professional charges and disbursements, defendant could not set off’ the 100 pounds. as money received by plaintiff to his use.
Citations:
[1846] EngR 543, (1846) 8 QB 685, (1846) 115 ER 1031
Links:
Jurisdiction:
England and Wales
Legal Professions, Costs
Updated: 18 May 2022; Ref: scu.302438
