Legal Opinion

Rooney v. . Second Avenue Railroad Company

New York Court of Appeals

Decided December 5, 1858PublishedCited by 81 opinions

Appeal from an order of the Superior Court óf the city of New York, vacating the satisfaction of a judgment entered on the record by the plaintiff, unless the defendant should, within five days, pay to the plaintiff’s attorney $879.17, the amount of the taxed costs included in the judgment, with $10 costs of the motion. The facts are sufficiently stated in the following opinion.

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Appeal from an order of the Superior Court óf the city of New York, vacating the satisfaction of a judgment entered on the record by the plaintiff, unless the defendant should, within five days, pay to the plaintiff’s attorney $879.17, the amount of the taxed costs included in the judgment, with $10 costs of the motion. The facts are sufficiently stated in the following opinion. The case was submitted on printed points by the attorney for the plaintiff who was respondent, and was argued by

1Opinion of the Court

It had been agreed between the plaintiff and his attorney, that the latter should commence and prosecute this action to its final termination, without fee and at his own risk, and upon his final success he should receive for his services one-half the recovery, and if the amount should not exceed $600 he was also to have the taxable costs. The judgment recovered, including costs, was $1,179.17. Of this amount, according to the terms of the agreement, the attorney became entitled to $589.58. The plaintiff gave the attorney an irrevocable power of attorney to receive the amount of the recovery.…

2Cases cited4 opinions

  1. President of the Michigan State Bank v. HastingsMichigan Supreme Court · 1844
  2. Martin v. HawksNew York Supreme Court · 1818
  3. Dorsey v. PackwoodSupreme Court of the United States · 1852
  4. Wilkins v. BattermanNew York Supreme Court · 1848

3Cited by81 opinions

  1. Itar-Tass Russian News Agency v. Russian Kurier, Inc.Court of Appeals for the Second Circuit · 1998
  2. Marshall v. . MeechNew York Court of Appeals · 1872
  3. In the Matter of the Application of KnappNew York Court of Appeals · 1881
  4. Coughlin v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1877
  5. In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901

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