Benedict v. Stuart
New York Supreme Court
PPBAL from a judgment entered upon a report of referees. The plaintiff sued upon a contract made in August, 1854, between him and his partner, Martindale, of the first part, and the defendant, of the second part, relative to the prosecution of an action against the New York Central Rail Road Company, in favor of the defendant. The interest of Martindale, in the contract, had been assigned to the plaintiff.
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PPBAL from a judgment entered upon a report of referees. The plaintiff sued upon a contract made in August, 1854, between him and his partner, Martindale, of the first part, and the defendant, of the second part, relative to the prosecution of an action against the New York Central Rail Road Company, in favor of the defendant. The interest of Martindale, in the contract, had been assigned to the plaintiff. The referees reported that the contract was illegal and void, and that the plaintiff was not entitled to recover. The plaintiff appealed.
1Opinion of the Court
By the Court, Welles, J.
The plaintiff and his partner, Mr. Martindale, being practicing attorneys and counsellors of this state, entered into a contract with the defendant, who had a cause of action against the New York Central Rail Road Company, for a personal injury sustained by him as a passenger, by reason of a collision on said rail road; by which agreement, the plaintiff and Martindale were to commence and prosecute an action in favor of the defendant against said rail road company, for such cause of action; for which services the defendant should pay or secure them $50 to begin with,…
2Cited by7 opinions
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