Randall v. Dusenbury
The Superior Court of New York City
The action was brought to recover three thousand and fifty dollars from defendant, as trustee of a certain surplus fund under an assignment or deed of trust from one Selah Hiler to one George W. Haight, to which defendant succeeded as trustee on resignation of said Haight. The assignment directed the payment of said fund to said Hiler’s creditors “after first paying all legal expenses growing out of said trust.”
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The action was brought to recover three thousand and fifty dollars from defendant, as trustee of a certain surplus fund under an assignment or deed of trust from one Selah Hiler to one George W. Haight, to which defendant succeeded as trustee on resignation of said Haight. The assignment directed the payment of said fund to said Hiler’s creditors “after first paying all legal expenses growing out of said trust.” The claim is for professional services rendered by plaintiff as attorney and counsel to the trustees on the faith and security of the fund, in collecting and securing against adverse…
1Concurrence
Freedman, J. (concurring).
At the trial the learned judge seems to have had before him, among other things, not only the findings of the jury upon the questions submitted to them, but also the testimony upon which such findings were based; and his decision recites that such findings were approved and adopted by him. From such testimony it appeared *182that the arrangement made with the plaintiff as to the rendition of services, was assented to by Haight, Hiler, and the defendant; that plaintiff’s employment was made wholly on the faith and credit of the expected fund ; that his compensation…
2Cases cited4 opinions
- McKeon v. . SeeNew York Court of Appeals · 1873
- Noyes v. . BlakemanNew York Court of Appeals · 1852
- Viele v. . the Troy and Boston Railroad CompanyNew York Court of Appeals · 1859
- McKeon v. SeeThe Superior Court of New York City · 1837