Kansas City Bar Monthly, Volume 2

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Kansas City Bar Association., 1897
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Page 149 - There are few of the business relations of life involving a higher trust and confidence than that of attorney and client, or, generally speaking, one more honorably and faithfully discharged ; few more anxiously guarded by the law, or governed by sterner principles of morality and justice; and it is the duty of the court to administer them in a corresponding spirit, and to be watchful and industrious, to see that confidence thus reposed shall not be used to the detriment or prejudice of the rights...
Page 130 - The law is a sort of hocus-pocus science, that smiles in yer face while it picks yer pocket ; and the glorious uncertainty of it is of mair use to the professors than the justice of it Love a la Mode.
Page 145 - Dunning, it would be very hard upon the profession if the law was so certain that everybody knew it; the misfortune is that it is so uncertain that it costs much money to know what it is even in the last resort.
Page 147 - Lordships' attention to this case. Angry as the learned Judge was at that infraction of the law. what has been the result of that very rule without any statute intervening? That the common law, as it is called, has adapted itself, upon...
Page 149 - There is, I take it, no branch of the jurisdiction of the court of chancery which it is more ready to exercise than that which protects infants and persons in a...
Page 149 - ... make upon this case except one, which I feel bound to make for the protection in future of this young man. It has been often said that courts of justice have nothing to do with what are called principles of honour, and there is a well-known case in the books, with which those who practise in the courts are very familiar, in which, upon a counsel saying to Lord Thurlow, " Your Lordship must think in point of honour " so and so, Lord Thurlow said. " Upon that ground you 308 must apply to the person...
Page 149 - I am notstepping beyond the [774] line of my duty when I say that I consider that this young man, upon the strictest principles not only of morality, but of what, if it differs from morality (which perhaps it does not) I shall call the fairest and most honourable dealing and the strictest principles of honour, is not called upon to pay a single farthing, except what, upon an account between himself and...
Page 142 - ... McKinstry (1868) 3 Abb App Dec (NY) 62, 4 Keyes 397 (affirming (1863) 41 Barb 186), stating that it was proper to submit the question of malice to the jury, held that it could not say that there was not evidence to support the jury's finding where it appeared that there was evidence to the effect that there was an agreement between the plaintiff...
Page 142 - The testimony of defendant, as well as of other witnesses, fails to indicate that plaintiff made any statements which were not accurate. But the contract must be measured by its tendency, and not merely by what was done to carry it out.
Page 149 - ... strictest principles of honour, is not called upon to pay a single farthing, except what, upon an account between himself and Johnston, shall appear to be due, as having come into his pocket, either in money or in money's worth. And if any man ever suggests to him that he is bound otherwise to Mr. Smith, I think he will be advising him contrary to what are not only his interests, but also to what the interests of the public require to be asserted as the grounds on which he ought to act.

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