Greenberg v. Jerome H. Remick & Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 26,1920, unanimously affirming a judgment in favor of defendant entered upon an order of the court at Special Term sustaining a demurrer to the complaint.
Read the full summary
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 26,1920, unanimously affirming a judgment in favor of defendant entered upon an order of the court at Special Term sustaining a demurrer to the complaint. On April 21,1919, the defendant entered into an agreement with the plaintiff “ Wherein and whereby it employed the plaintiff as its attorney and legal adviser for a period of one year from said date at a compensation of $5,200 for a year, payable $100 weekly.” The plaintiff entered upon the employment and…
1Opinion of the CourtChase, J.
It has been held on the authority of Martin v. Camp (219 N. Y. 170) that the plaintiff cannot recover of the defendant for breach of its contract with him. It is necessary for us to consider what was decided by this court in Martin v. Camp. It was not therein decided that a contract cannot be made between an attorney and client that is enforcible against the client.
The compensation of an attorney or counselor for his services is governed by agreement express or implied which is not restrained by law. (Judiciary Law [Cons. Laws, ch. 30], § 474.) The rules of the old common law and of the civil…
2Cases cited13 opinions
- Martin v. . CampNew York Court of Appeals · 1916
- Matter of HeinsheimerNew York Court of Appeals · 1915
- Dunn v. Hudson River Electric Co.New York Court of Appeals · 1912
- Tenney v. . BergerNew York Court of Appeals · 1883
- Matter of SnyderNew York Court of Appeals · 1907
8 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Mandel v. LiebmanNew York Court of Appeals · 1951
- Matter of Bernstein v. . Beth Israel HospitalNew York Court of Appeals · 1923
- Cohen v. Radio-Electronics OfficersNew Jersey Superior Court Appellate Division · 1994
- Kelly v. MD Buyline, Inc.District Court, S.D. New York · 1998
- Gomber v. Industrial CommissionWisconsin Supreme Court · 1935
32 more not listed; retrieve them via the Exa API.