Kemper v. Whiteside
Appellate Terms of the Supreme Court of New York
Appeal from''Municipal' Court, Borough of Manhattan, Seventh District. Action by D- Scott Kemper against Edith Whiteside. Erom a judgment on a verdict for plaintiff, defendant appeals.
1Opinion of the CourtLehman, J.
The plaintiff, an attorney, was employed by the defendant to investigate the facts and circumstances connected with the estate of William' Laytin, deceased, in which she had an interest as legatee, with a view to taking proceedings for the recovery of certain funds to which she believed herself, entitled, but had never .'received. The. plaintiff’s compensation was to be contingent upon a successful prosecution of such proceeding, but no definite percentage of a possible recovery was determined upon as.his share.
It appears from the testimony that defendant believed that some person having…
2Cases cited3 opinions
- Townsend v. . FelthousenNew York Court of Appeals · 1898
- Gearty v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1905
- Healy v. HealyNew York Supreme Court · 1900