Legal Opinion

Rogers v. Polytechnic Institute of Brooklyn

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 2 opinions

Appeal by the defendant, the Polytechnic Institute of Brooklyn, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiff, entered on the 4th day of May, 1903, upon the decision of the court.

1Opinion of the Court

Hirschberg, J.:

The plaintiff is an attorney at law, and was employed by the defendant to collect from the city of New York certain overpaid water rates, in consideration of which he was to receive one-half of the sum collected. The contract is in writing, signed by the president of the defendant on its behalf. It was prepared by the defendant, and the essential part is as follows: “You are hereby authorized to collect the sum you referred to as due the Polytechnic Institute from the city for upwards of two years (overpaid to city in the past); it being understood and agreed that the Institute…

2Cases cited3 opinions

  1. Springer v. . DwyerNew York Court of Appeals · 1872
  2. Runyan v. NicholsNew York Supreme Court · 1814
  3. Eldridge v. . MatherNew York Court of Appeals · 1849

3Cited by2 opinions

  1. Wray v. MillerAppellate Terms of the Supreme Court of New York · 1910
  2. Higgins v. Metropolitan Jockey ClubAppellate Division of the Supreme Court of the State of New York · 1930

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