Dodge v. . Zimmer
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made April 20,1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made April 20,1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover the sum of $738.45 paid by the plaintiff to James C. Beecher, Esq., an attorney, upon a decree of the surrogate of Erie county in the matter of proving the last will of Budolph Zimmer, deceased, awarding said sum of $738.45 as costs to the defendant herein, as executrix of said will, and directing that…
1Opinion of the CourtFinch, J.
Hpon the facts of this case there is no doubt of the justice of the plaintiff’s claim. The purchase of the interest of Haney Zimmer was intended to end a lawsuit over the will, and not to prolong it into a bill of of costs against the estate; and with the express understanding that out of the purchase money she should pay her attorney and extinguish his claim. The truth of this is not denied by those who could have denied it if it was a falsehood. That fact accords with the tenor and legal effect of the papers executed. They transferred to plaintiff the entire right and interest of Mrs.…
2Cases cited2 opinions
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Griffiths v. . HardenberghNew York Court of Appeals · 1869
3Cited by18 opinions
- Beckwith v. Burlingame, New York County Courts1896
- Kenyon v. National Life Ass'n of HartfordAppellate Division of the Supreme Court of the State of New York · 1899
- Hazleton v. WebsterAppellate Division of the Supreme Court of the State of New York · 1897
- Costello v. EddyNew York Supreme Court · 1890
- New Amsterdam Casualty Co v. Commercial Casualty InsuranceCity of New York Municipal Court · 1927
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