Ransom v. . Cutting
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 10, 1906, affirming a judgment in favor of plaintiffs entered upon a decision -of the court on trial at Special Term in an action brought to establish plaintiffs’ rights and liens as attorneys under an assignment upon certain funds in the hands of the defendant trust company on the settlement of a contest in the Surrogate’s Court over the will of the late…
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 10, 1906, affirming a judgment in favor of plaintiffs entered upon a decision -of the court on trial at Special Term in an action brought to establish plaintiffs’ rights and liens as attorneys under an assignment upon certain funds in the hands of the defendant trust company on the settlement of a contest in the Surrogate’s Court over the will of the late Robert L. Cutting, father of the defendant, Robert L. Cutting. The facts, so far as material, are stated in the opinion.…
1Opinion of the CourtEdwabd T. Babtlett, J.
The opinions of the learned courts below have dealt wdth this case in a very satisfactory manner, and we would not be disposed to continue the discussion were it not for the fact that a question of practice is presented requiring consideration.
The written agreement of retainer between the plaintiffs and the defendant, Robert L. Cutting, and wife, is not incor porated, in extenso, in the. findings of the trial court. The substance of this agreement is found with at least one important exception. The provision-that the plaintiffs “shall not call upon said Robert L. Cutting (third) for any sum…
2Cases cited2 opinions
- In Re the Accounting of FitzsimonsNew York Court of Appeals · 1903
- Fowler v. . CallanNew York Court of Appeals · 1886
3Cited by21 opinions
- Fairchild Hiller Corp. v. McDonnell Douglas Corp.New York Court of Appeals · 1971
- Sprung v. JaffeNew York Court of Appeals · 1957
- Oklahoma Turnpike Authority v. New Life Pentecostal Church of JenksSupreme Court of Oklahoma · 1994
- In Re the Estate of GilmanNew York Court of Appeals · 1929
- In re SassonAppellate Division of the Supreme Court of the State of New York · 1931
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