Secor v. . Clark
New York Court of Appeals
Appeal from judgment of the General Term of the Superior ■Court of the city of ¡New York, entered upon an order made April 3, 1888, which reversed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Superior ■Court of the city of ¡New York, entered upon an order made April 3, 1888, which reversed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. There was no duress in law or fact; and even if there were, a court of equity has no power to set aside an agreement executed in consequence, especially under the circumstances of this case. (Atlee v. Backhouse, 3 M. & W. 645; Hackley v. Headley, 45 Mich. 574; Mayor,…
1Opinion of the CourtEarl, J.
On the 28th day of March, 1883, Freeman J. Fithian, a lawyer practicing his profession in the city of New York, was carrying on an action for the New England Iron Company against the Metropolitan Elevated Railroad Company, under a written agreement whereby he was to receive as compensation for his services a certain percentage of the recovery in the action; and thereafter, on the 8th day of August 1883, he assigned to the plaintiffs, in consideration of $5,000, an interest of $10,000 in his agreement with the New England Iron Company. In August, 1884, while the action was still pending,…
2Cited by10 opinions
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- Edward C. Jones Co. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1898
- Edward C. Jones Co. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1898
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