Hynes v. Hawes
Appellate Division of the Supreme Court of the State of New York
Appeal from order entered on report of referee. Condemnation proceedings for the opening of Jerome avenue. From a final order on the report of a referee finding a certain sum due Euphemia A. Hawes, as executrix, and others, against Mary Hynes for attorney’s fees in procuring an award, the said Mary Hynes appeals.
1Opinion of the CourtRumsey, J.
On the 17th of May, 1893, certain lands belonging, to the appellant were about to be taken by the city of New York for the construction of the Jerome avenue approach of the new McComb Dam Bridge. In view of that fact, Mrs. Hynes, the appellant, mpde a contract with one Hawes by which he agreed to take proper-proceedings to procure an award for the land, and she agreed to pay him for his services “S$ of any and all sums awarded to me, the same being in full for all services so rendered.” It was agreed by Hawes that he should be paid nothing for his services in case he failed to obtain an…
2Cases cited5 opinions
- Deering v. SchreyerAppellate Division of the Supreme Court of the State of New York · 1898
- Yuengling v. BetzAppellate Division of the Supreme Court of the State of New York · 1901
- City of Philadelphia v. Postal Telegraph Cable Co.Appellate Division of the Supreme Court of the State of New York · 1896
- In re MitchellAppellate Division of the Supreme Court of the State of New York · 1901
- Tinsley v. JemisonAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- In re Jerome AvenueAppellate Division of the Supreme Court of the State of New York · 1903