Nelson v. Hatch
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward S. Hatch, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 24th day of July, 1901, upon the report of a referee.
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Appeal by the defendant, Edward S. Hatch, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 24th day of July, 1901, upon the report of a referee. In 1891 Lilyon B. Daniels, who claimed to be the widow of William B. Daniels, entered into an agreement with the firm of Hatch & Warren, attorneys, by which that firm, in consideration of a contingent fee of thirty per cent of the proceeds, agreed to prosecute an action on her behalf to establish her rights as widow in her alleged husband’s estate. Hatch & Warren…
1Opinion of the Court
Hatch, J.:
When this case was before this court upon the former appeal, it - was held that the action was one to recover damages for a breach of the contract, the subject of the action, and it having been determined by the referee before whom it was tried that it was an action to rescind the contract, we reversed the judgment and ordered a new trial. (56 App. Div. 149.) Upon the new trial, the plain tiff has recovered judgment for the damages demanded in his complaint.. The facts which appear upon the present trial are not essentially different from those which appeared upon the first trial,…
2Cases cited4 opinions
- Bernstein v. . MeechNew York Court of Appeals · 1891
- Bate v. . GrahamNew York Court of Appeals · 1854
- Dickinson v. . HartNew York Court of Appeals · 1894
- Nelson v. HatchAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by4 opinions
- Cbs, Inc., Plaintiff/counterdefendant Appellee/cross-Appellant v. David Merrick, Defendant/counterclaimant Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1983
- Cbs, Inc., Plaintiff/counterdefendant Appellee/cross-Appellant v. David Merrick, Defendant/counterclaimant Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1983
- Cbs, Inc., Plaintiff/counterdefendant Appellee/cross-Appellant v. David Merrick, Defendant/counterclaimant Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1983
- Reizen v. SteiglitzAppellate Terms of the Supreme Court of New York · 1925