Hart v. Mayor
New York Supreme Court
Appeal from special term, New York county. Action by Thomas M. Hart against the mayor, aldermen, and commonalty of the city of New York. From an order granting plaintiff’s attorney leave to proceed with the action for his own benefit, defendants appeal.
1Opinion of the CourtO’Brien, J.
This action was brought for the recovery of $3,040, plaintiff’s salary as an inspector of masonry. An agreement was made between the plaintiff and his attorney, Robinson, that in consideration of professional services to be rendered in the action the attorney was to have half of the claim, or 50 per cent, of the recovery. Notice of this agreement was served on counsel for defendants. The latter endeavored to reach a settlement with the plaintiff and his attorney, but an impediment to this was encountered in the person of the attorney, who refused to assent to a settlement. Subsequently the…
2Cases cited2 opinions
- Lee v. Vacuum Oil Co.New York Court of Appeals · 1891
- Poole v. . BelchaNew York Court of Appeals · 1892
3Cited by3 opinions
- Ekelman v. MaranoNew York Court of Appeals · 1929
- Frear v. LewisAppellate Division of the Supreme Court of the State of New York · 1922
- Bollar v. SchoenwirtNew York Supreme Court · 1900