Vooth v. . McEachen
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 18, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court committed reversible error on the question of damages. (3 Am. & Eng.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 18, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court committed reversible error on the question of damages. (3 Am. & Eng. Ency. of Law, 391; Staples v. Staples, 85 Va. 76 ; Spiller v. Davidson, 4 La. Ann. 171; Nesbet v. Lawson, 1 Ga. 275; Palmer v. Ashley, 3 Ark. 75 ; Collier v. Pulliam, 13 Lea [Tenn.],…
1Opinion of the CourtHaight, J.
This action was brought by the plaintiff against his attorney for a breach of contract of retainer, alleging that without authority he settled a claim of $840.66 intrusted to him for collection against the estate of a deceased person, for the sum of $250, which he converted to his own use. The defendant, by his answer, admitted that he was retained to collect said claim and that he began an action for that purpose, but upon obtaining an offer of $250 he submitted the same to the plaintiff, who authorized him to accept it, which he did, the plaintiff executing an assignment and a release of…
2Cases cited3 opinions
- Stevens v. Walker & DexterIllinois Supreme Court · 1870
- Tex. & Pac. R'y Co. v. MitchellCourt of Appeals of Texas · 1884
- Quinn v. . Van PeltNew York Court of Appeals · 1874
3Cited by37 opinions
- Campagnola v. MulhollandNew York Court of Appeals · 1990
- Niosi v. AielloDistrict of Columbia Court of Appeals · 1949
- Hamilton Fire Insurance v. GregerNew York Court of Appeals · 1927
- Dulberg v. MockNew York Court of Appeals · 1956
- Maryland Casualty Co. v. PriceCourt of Appeals for the Fourth Circuit · 1916
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