Legal Opinion

Hatch v. Fogerty

The Superior Court of New York City

Decided July 1, 1871PublishedCited by 6 opinions

Appeal from a judgment, heard at the January general term, 1871» In August, 1851, Hogan, the plaintiff’s testator, contracted to sell to one Willoek, certain lots in this city, and agreed to make advances of money to assist Willoek in building 5 and when the buildings were inclosed, Hogan was to convey the lots to Willoek, and Willoek was to execute a mortgage to Hogan for the purchase money and advances» The contract contains the following provisions : u It is furthermore…

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Appeal from a judgment, heard at the January general term, 1871» In August, 1851, Hogan, the plaintiff’s testator, contracted to sell to one Willoek, certain lots in this city, and agreed to make advances of money to assist Willoek in building 5 and when the buildings were inclosed, Hogan was to convey the lots to Willoek, and Willoek was to execute a mortgage to Hogan for the purchase money and advances» The contract contains the following provisions : u It is furthermore agreed and understood, that if the said Willoek refuse or neglect to complete the said intended houses, or if the…

1Opinion of the Court

By the court, Monell, J.

Upon the argument of this appeal,- the appellant’s counsel was understood to rest his right to recover, not exclusively but chiefly, upon the ground that the delicate and confidential relation of attorney and *499elient which has existed between these parties would not allow the respondent to take, or receive any interest in, or benefit from, any claim which Willock might have, or assert under his contract with Hogan, which had its foundation in the insufficiency of the proceedings instituted, and conducted by Fogerty for his client.

The counsel, however, was not understood…

2Cases cited1 opinion

  1. Tyler v. . GardinerNew York Court of Appeals · 1866

3Cited by6 opinions

  1. People v. GeroldIllinois Supreme Court · 1914
  2. In re BooneU.S. Circuit Court for the District of Northern California · 1897
  3. Peirce v. PalmerSupreme Court of Rhode Island · 1910
  4. Watson v. WatsonNew York Supreme Court · 1939
  5. Seaward v. TaskerNew York Supreme Court · 1913

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