Chatfield v. Simonson
New York Court of Common Pleas
Exceptions taken at a trial term of this court, ordered to be heard, in the first instance, at the general term. The action was brought for the recovery of $7,500 for services rendered by the plaintiff as attorney and counsel, under an agreement with Samuel Wood, deceased, in an action pending in the Supreme Court, wherein Abraham Hewlett was plaintiff and Samuel Wood, Samuel A. Wood, and others were defendants. On January 7th, 1878, Hr.
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Exceptions taken at a trial term of this court, ordered to be heard, in the first instance, at the general term. The action was brought for the recovery of $7,500 for services rendered by the plaintiff as attorney and counsel, under an agreement with Samuel Wood, deceased, in an action pending in the Supreme Court, wherein Abraham Hewlett was plaintiff and Samuel Wood, Samuel A. Wood, and others were defendants. On January 7th, 1878, Hr. Chatfield was substituted as attorney for Abraham Hewlett, the plaintiff in that action, at the request of Samuel W ood, for whose benefit the action was…
1Opinion of the CourtJ. F. Daly, J.
[After stating the facts as above.]—The learned judge at special term disposed of this case properly. The plaintiff, while employed as attorney for one party to the litigation, in consideration of a sum of money to be paid himself, bargained with his client’s adversary to release part of the subject matter of the claim in suit to the latter, and actually did so release it without the knowledge or consent of his client, and did receive a portion of the price of his act. He thereby forfeited all claim to compensation in that particular litigation (Herrick v. Catley, 1 Daly, 512; Currie v.…
2Cases cited1 opinion
- Herrick v. CatleyNew York Court of Common Pleas · 1865
3Cited by1 opinion
- Hoboken Trust Co. v. NortonNew Jersey Court of Chancery · 1919