Coffey v. Burke
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Philip J. Coffey, from a judgment of the Supreme Court in favor of the defendants,, entered in the office of the clerk of the county of Kings on the 1st day of May, 1908, upon the verdict of a jury rendered by direction of the court on the defendants’ counterclaim, the complaint having been dismissed by direction of the court at the close of the plaintiff’s case upon -,a- trial at. the Kings County Trial Term, and also from an order entered in said…
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Appeal by the plaintiff, Philip J. Coffey, from a judgment of the Supreme Court in favor of the defendants,, entered in the office of the clerk of the county of Kings on the 1st day of May, 1908, upon the verdict of a jury rendered by direction of the court on the defendants’ counterclaim, the complaint having been dismissed by direction of the court at the close of the plaintiff’s case upon -,a- trial at. the Kings County Trial Term, and also from an order entered in said clerk’s office on the 26th day of August, 1908, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
The defendant Burke recovered $78,862.67 in a suit for legal services rendered by her testator, Thomas P. Burke, to the relators in certain mandamus proceedings. (See Burke v. Baker, 111 App. Div. 422; 188 N. Y. 561; People ex rel. Gleason v. Scannell, 172 id. 316.) This suit is brought on a contract whereby the plaintiff undertook to secure the retainers for Burke and to assist in the preparation of the cases, for which Burke was to pay him one-third of the compensation received. While Burlce was doubtless forbidden to make such a contract, the plaintiff could still recover upon…
2Cases cited11 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- McMullen v. HoffmanSupreme Court of the United States · 1899
- Coppell v. HallSupreme Court of the United States · 1869
- Embrey v. JemisonSupreme Court of the United States · 1889
- Irwin v. . CurieNew York Court of Appeals · 1902
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- Hart v. City Theatres Co.Appellate Division of the Supreme Court of the State of New York · 1913