Frederick Henry Collins, by Henry Collins his Next friend v Brook
| Jurisdiction | England & Wales |
| Judgment Date | 12 February 1859 |
| Date | 12 February 1859 |
| Court | Exchequer |
English Reports Citation: 157 E.R. 842
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 28 L. J. Ex 143: at Nisi Priua, 1 F. & F. 407: affirmed 1860, 5 H. & N. 700. Applied, In re Brocklebanl, 1877, 6 Ch. I). 360.
frederick henry collins, by henry collins his next friend v. brook. Peb. 12, 1859.-An attorney who, as attorney for the plaintiff in an action by an infant suing by prochein amy, has received the damages and costs recovered from (a) See 3 Chitty on Pleading, by Greening, p. 328, n. 4 H fc N 271 COLLINS V. BROOK 843 the defendant in such action, is liable to the infant in an action for money had and received. [S. C. 28 L. J. Ex 143 : at Nisi Priua, 1 F. & F. 407 : affirmed I860, 5 H. & N. 700. Applied, In ie Srockkbanl, 1877, 6 Ch. I). 360.] Action for money had and received to the use of the infant plaintiff'. Pleas. First. Never indebted. Secondly : Set-oft for woik and labour done by the defendant for the plaintiff. Replication to the first plea Issue thereon. To the second plea; first, nil debet. Secondly, infancy of the plaintiff. Eejoinder, taking issue on the replication. At the trial, before Bramwell, B, at the sittings in London aftei Michaelmas Term, it appealed that the plaintiff, a child seven years old, having been bitten by a dog belonging to one Lefever, Henry Collins, his father, consulted the defendant, an attorney, as to bunging an action for the injury. The defendant told him that if successful the child would get from 301. to 401 The father then asked what [271] would be the expense if he lost. The defendant &aid " 501., 01 say 801. to be safe, if you succeed you will have nothing to pay." He also said that the child \vouid get the damages On a subsequent occasion he made a statement to Mrs. Collins, the wife, in the presence of her husband, that Lefever would have to pay the costs if the plaintiff won. The writ in that action was sued out by the infant in person, after which, npon the petition of the infant, Heniy Collins, the fathei, was appointed to prosecute the action for the plaintift as his next fnend during his minority in the usual way (a) The cause was tned and a verdict found for the plaintiff with 301 damages, and the now defendant, as the attorney in that cause, received from the defendant for damages and costs 1851. 7s. 6d, for which he gave a receipt, signing himself "plaintiff's attorney." In the present action the plaintiff claimed the 301. and 11. 10s. expenses allowed to the plaintiff' in the former action and leceived by the defendant. The defendant's counsel objected that the action should have been brought by Henry Collins and not by the infant, and he called the defendant who swore that he had made no special baigain at all as to the costs in the action of Collins v. Lefever, and that the father had supplied him with 201. to pay counsel's fees. The defendant further...
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Frederick Henry Collins, an Infant (by Henry Collins, his Next Friend) v Brook
...verdict for the defendant, pursuant to leave reserved at the trial. The pkadings and facta of the case sufficiently appear in the report, 4 H. & N. 270. [701} Koriman argued for the defendant (a) The question is this-An infant, suing by procbein ami, recovers judgment for damages and costs,......