Chatfield v. . Simonson
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city &nd county of New York, in favor of defendants, entered upon an order made January 2, 1882, which overruled plaintiff’s exceptions and directed judgment on an order dismissing plaintiff’s complaint on trial. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city &nd county of New York, in favor of defendants, entered upon an order made January 2, 1882, which overruled plaintiff’s exceptions and directed judgment on an order dismissing plaintiff’s complaint on trial. The nature of the action and the material facts are stated in the opinion. To make the counterclaim available as a defense in this action, the defendants must show not only the existence of the demand for money had and received, which they alleged, but that such demand existed in favor of their…
1Opinion of the Court
Ruger, Ch. J.
This is an action by an attorney to recover a compensation agreed upon for professional services.
The undisputed evidence in the case shows that in January, 1878, an action was pending in the Supreme Court, between Abraham Hewlett as plaintiff and Samuel A. Wood, Samuel. Wood and others as defendants, for the purpose of contesting the validity of the will of one Abraham Wood. The action had been tried and a verdict rendered sustaining the validity of the will. The defendants’ testator, Samuel Wood, was interested in the success of the plaintiff in that action, inasmuch as in that…
2Cases cited3 opinions
- Emery v. . PeaseNew York Court of Appeals · 1859
- Brewster v. . StrikerNew York Court of Appeals · 1848
- Springer v. . DwyerNew York Court of Appeals · 1872
3Cited by30 opinions
- Sturm v. BokerSupreme Court of the United States · 1893
- Mutual Life Insurance v. PhinneySupreme Court of the United States · 1900
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1895
- Dickinson v. . TysenNew York Court of Appeals · 1913
- Thorn v. de BreteuilAppellate Division of the Supreme Court of the State of New York · 1903
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