In re Brackett
Appellate Division of the Supreme Court of the State of New York
Appeal by Fred S. Becker from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Saratoga on the 7th day of February, -1906, declaring a lien in favor of the petitioner upon certain money in the hands of the appellant’s attorneys, and directing the payment of the same.
Read the full summary
Appeal by Fred S. Becker from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Saratoga on the 7th day of February, -1906, declaring a lien in favor of the petitioner upon certain money in the hands of the appellant’s attorneys, and directing the payment of the same. On or about November 27, 1905, the respondent, an attorney and counselor at law, entered into a contract with Nellie B. Decker whereby he agreed to perform for her legal services. Such services were to include the prosecution of an action for separation by…
1Opinion of the Court
Cochrane, J.:
An agreement by a wife to compensate her attorney for his services in an action by her - against her husband for a separation by *260giving her attorney a certain percentage of what she may receive for her support and maintenance, is void as against public policy. ( Van Vleck v. Van Vleck, 21 App. Div. 272.) The agreement between. Mrs. Decker and her attorney, it is true, related partly to matters independent of the separation action. But the money on which the lien has been declared related indiscriminately to- alimony, support and maintenance and to all other matters or…
2Cases cited1 opinion
- Van Vleck v. Van VleckAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by10 opinions
- Turner v. . WoolworthNew York Court of Appeals · 1917
- Coleman v. SissonMontana Supreme Court · 1924
- West v. WashburnAppellate Division of the Supreme Court of the State of New York · 1912
- Levine v. LevineNew York Supreme Court · 1954
- In re DanglerAppellate Division of the Supreme Court of the State of New York · 1920
5 more not listed; retrieve them via the Exa API.