Wright v. . Wright
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of New York, reversing an order of Special Term, which directed the cancellation of a satisfaction of the judgment herein, and directed a reference to ascertain the amount of the lien of plaintiff’s attorney for costs and agreed compensation. The facts appear sufficiently in the opinion.
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Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of New York, reversing an order of Special Term, which directed the cancellation of a satisfaction of the judgment herein, and directed a reference to ascertain the amount of the lien of plaintiff’s attorney for costs and agreed compensation. The facts appear sufficiently in the opinion. Notice of the existence •of a paper carries with it notice of its contents, terms and •conditions. (Phillips v. Miller, L. R., 9 C. T., 196; 8 Eng. R., 490; Hosley v. Holmes, 27 Mich., 416.) Notice to the…
1Opinion of the Court
Per Guriam.
Plaintiff’s attorney claims that it was agreed between him and his client that he should receive, in addition to the taxable costs as a counsel fee, twenty-five per cent of the' amount of any recovery in this action. The recovery was upwards of $1,000, and pending an appeal from the judgment, the defendant settled with the plaintiff and satisfied the judgment and procured an acknowledgment of the satisfaction thereof, and caused the judgment to be satisfied of record. The attorney then made a motion to have the satisfaction of,the judgment cancelled so that he could enforce the…
2Cases cited1 opinion
- Marshall v. . MeechNew York Court of Appeals · 1872
3Cited by8 opinions
- Matter of AtterburyNew York Court of Appeals · 1918
- Nielsen v. City of Albert LeaSupreme Court of Minnesota · 1904
- Citizen's Bank v. OglesbyAppellate Division of the Supreme Court of the State of New York · 1945
- Commercial Telegram Co. v. SmithNew York Supreme Court · 1890
- Huling v. City of Columbus, Court of Common Pleas of Ohio, Franklin County, Civil Division1912
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