McCoy v. Gas Engine & Power Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph A. Flannery, from a judgment of the Supreme Court in favor of the plaintiff and the defendant corporation, entered in the office of the clerk of the county of Westchester on the 10th day of March, 1909, upon the decision of the court rendered after a trial at the Westchester Special Term.
1Opinion of the Court
Miller, J.:
This is a stockholder’s action brought by the plaintiff against the defendant corporation and the appellant to set aside as unconscionable a contract by which the corporation retained the appellant as attorney to represent it in certain proceedings, instituted pursuant *772to chapter 423 of the Laws of 1903, as amended by chapter 634 of the Laws of 1905, to assess the damages caused by a change of grade of a street. The agreement, provided fór compensation on a sliding scale, contingent upon the amount of the award, viz.: Twenty-fivé per cent up. to $50,000, thirty-three and one-third…
2Cases cited3 opinions
- In Re the Accounting of FitzsimonsNew York Court of Appeals · 1903
- Morehouse v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
- O'Connor v. . Virginia Passenger Power Co.New York Court of Appeals · 1906
3Cited by11 opinions
- Gair v. PeckNew York Court of Appeals · 1959
- Newman v. SilverDistrict Court, S.D. New York · 1982
- Casket Co. v. . WheelerSupreme Court of North Carolina · 1921
- Reisch & Klar v. SadofskyAppellate Division of the Supreme Court of the State of New York · 1980
- High Point Casket Co. v. WheelerSupreme Court of North Carolina · 1921
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