Legal Opinion

Parker - Smith v. Prince Manufacturing Co.

Appellate Division of the Supreme Court of the State of New York

Decided April 14, 1916PublishedCited by 7 opinions

Appeal by the defendant, The Prince Manufacturing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 19th day of May, 1915, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Jenks, P. J.:

The contract, made by defendant with a lawyer, contemplated his collection of claims of the defendant, as a depositor, against certain banks for payments upon forged checks. It provided for an absolute fee and, in addition, for a contingent fee of a percentage of any moneys collected. The plaintiff was discharged before the claims were adjusted or were collected, and a new attorney was retained, who collected certain moneys. The defendant sought to justify this discharge of plaintiff by plea and by proof of his negligence. At the close of the case both parties moved for a…

2Cases cited18 opinions

  1. McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
  2. Shipman v. Bank of New YorkNew York Court of Appeals · 1891
  3. First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
  4. Andrewes v. . HaasNew York Court of Appeals · 1915
  5. Citizens Loan Fund & Savings Ass'n v. FriedleyIndiana Supreme Court · 1890

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3Cited by7 opinions

  1. George v. CatonNew Mexico Court of Appeals · 1979
  2. Stella Flour & Feed Corp. v. National City BankAppellate Division of the Supreme Court of the State of New York · 1954
  3. Bland v. ReedCalifornia Court of Appeal · 1968
  4. Louis A. Sabatino, as Ancillary Administrator of the Estate of Jose Juan D'agostino, Deceased v. Curtiss National Bank of Miami Springs, Etc.Court of Appeals for the Fifth Circuit · 1971
  5. Young v. TianCourt of Appeals of Texas · 1941

2 more not listed; retrieve them via the Exa API.

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