In re Dailey
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Summary application by Abram H. Dailey and others to compel John M. Wellbrock, an attorney, to pay over money. From an order of the special term of the supreme court appointing a referee to report the facts with his opinion, John M. Wellbrock appeals.
1Opinion of the CourtHirschberg, J.
The appellant was the attorney of record for the plaintiff in an action brought to recover damages occasioned by negligence. He was to receive 25 per cent, of the recovery. He employed the respondent to act as counsel in the case, and engaged to pay him 15 per cent, of the recovery from his own allowance. The case was twice tried, the first jury disagreeing, and the verdict of the second being set aside. On appeal the controversy was thereafter compromised, and the sum of $21,250 was paid to the attorney in settlement. He paid the counsel the agreed 15 per cent., retained his own 10 per cent,…
2Cases cited4 opinions
- Taylor v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Kennedy v. CarrickAppellate Terms of the Supreme Court of New York · 1896
- In re CattusAppellate Division of the Supreme Court of the State of New York · 1899
- Taylor v. Long Island R. Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Goodwin Film & Camera Co. v. Eastman Kodak Co.District Court, W.D. New York · 1914