In re Tracy
Appellate Division of the Supreme Court of the State of New York
Appeal by Rollin Tracy from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of June, 1895, requiring the appellant to pay to Livingston Jaques, within two days from the service of said order, the sum of $838, together with $10 costs of the application.
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Appeal by Rollin Tracy from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of June, 1895, requiring the appellant to pay to Livingston Jaques, within two days from the service of said order, the sum of $838, together with $10 costs of the application. On April 6, 1893, the petitioner, Livingston Jaques, placed with Rollin Tracy, the appellant, a claim against one Hollins for collection. At this time he paid the appellant fifty dollars on account of prospective disbursements. The receipt therefor…
1Opinion of the Court
Barrett, J.:
It is clear that the relation between tlie parties was that of attorney and client. Mr. Jaques sought the services of a lawyer and not of a mere collecting agent. The receipt plainly indicates the understanding, and all the facts point to the professional relation.
It is equally clear that the attorney was entitled to his percentage only upon the amount collected, and the petitioner was entitled to a settlement on that basis from time to time as collections were made. Otherwise he might have been compelled to wait years for his money, as long, in fact, as the attorney should insist…
2Cases cited3 opinions
- In the Matter of the Application of KnappNew York Court of Appeals · 1881
- Bowling Green Savings Bank v. . ToddNew York Court of Appeals · 1873
- Waterbury v. EldridgeNew York Supreme Court · 1889