McDonald v. Vito
Appellate Division of the Supreme Court of the State of New York
Appeal 'by the defendants, Donato Be Yito and another, from a judgment of the County Court of Oneida county in favor of the plaintiff, entered in the office of the cleric of .said, county on the 6th day of June, 1906, upon the verdict of a jury rendered by direction of the court, and also from an order bearing date the 5th day of June, 1906, and entered in said clerk’s office, directing the verdict in favor of the plaintiff.
1Opinion of the Court
Kruse, J.:
While the evidence was undisputed that the plaintiff rendered legal services for the defendants at their request, for which the plaintiff, was entitled to recover what they were reasonably worth, *567if the testimony of the plaintiff is to be taken as true, yet even in that view, the value of the services was a question of fact for the jury; but beyond that the testimony on behalf of the defendants tended to prove that the services were rendered in certain actions under a special contract for which the plaintiff was to receive twenty-five per cent of the recovery. If this agreement was…
2Cited by3 opinions
- Steele v. HammondAppellate Division of the Supreme Court of the State of New York · 1910
- Hillsdale State Bank v. ChristensenWyoming Supreme Court · 1924
- Jones v. ThomasNebraska Supreme Court · 1921