SMITH AND BUCHANAN
v.
THE DELAWARE INSURANCE COMPANY
SMITH AND BUCHANAN
THE DELAWARE INSURANCE COMPANY
7 Cranch 434
Supreme Court of the United States (1813)
Caution
Also reported at: 3 L. Ed. 396 · 1813 U.S. LEXIS 440 · SCDB 1813-025
Cited by 16 cases
Opinion of the Court
Marshall, Ch. J.
The case is too plain for argu-. merit. The jury did not intend to find a general verdict; but to submit the points of law to the Court. If the law had been for the Plaintiffs the Court could only have awarded a venire de novo. The facts ought to hq-ve appeared, so that the judgment might have been either reversed or affirmed upon the merits.
Judgment reversed, and a neid trial awarded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ricketts v. Pa. R. Co., 153 F.2d 757 (2d Cir. 1946)…ith Brown in July or early August, the release was invalid; for, whatever may be the law in England, it is well settled in this [*760] country that an attorney has no implied authority to compromise a claim. Holker v. Parker, 7 Cranch 436, 452, 453, 3 L.Ed. 396; United States v. Beebe, 180 U.S. 343, 351, 352, 21 S.Ct. 371, 45 L.Ed. 563; Glover v. Bradley, 4 Cir., 233 F. 721, Ann.Cas.1917A, 921; McFarland v. Curtin, 4 Cir., 233 F. 728; Barber-Colman Co. v. Magnano Corp., 1 Cir, 299 F. 401; Jacob v. City of…
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Luis C. Forteza e Hijos, Inc. v. Mills, 534 F.2d 415 (1st Cir. 1976)…eard, it being well-established that an attorney, merely by virtue of his employment, lacks authority to compromise. United States v. Beebe, 180 U.S. 343, 352, 21 S.Ct. 371, 374, 45 L.Ed. 563, 569 (1901); Holker v. Parker, 7 Cranch 436, 11 U.S. 436, 3 L.Ed. 396 (1813); Barber-Colman Co. v. Magnano Corp., 299 F. 401 (1st Cir. 1924); Milewski v. Roflan Co., 195 F.Supp. 68 (D.Mass.1961).5 But while a client is not bound by his attorney’s unauthorized agreement to compromise, he may have to suffer the consequ…
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In re Gsand. Freeman v. McCARTHY, 153 F.2d 1001 (3d Cir. 1946)…court where he represents his client. He may enter into stipulations and agreements in all matters of procedure, during the progress of the trial.” (Emphasis ours) We think the language of Chief Justice Marshall in Holker v. Parker, 7 Cranch, 436, 3 L.Ed. 396, peculiarly fitting in the circumstances. The principles of that old case are still the law generally and in Pennsylvania. The Chief Justice said at page 452 of 7 Cranch: “Although an attorney at law, merely as such, has, strictly speaking, no righ…
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