Legal Opinion

Parker v. . Day

New York Court of Appeals

Decided March 25, 1898PublishedCited by 29 opinions

Appeal from a judgment and order of the General Term of the late Superior Court of Buffalo, entered May 15, 1895, reversing a judgment in favor of plaintiff entered upon a decision of the court on a trial without a jury and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment and order of the General Term of the late Superior Court of Buffalo, entered May 15, 1895, reversing a judgment in favor of plaintiff entered upon a decision of the court on a trial without a jury and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence and the law both determine the fact that the plaintiff was employed by the defendant in his individual capacity, and not as a member of the firm. (Collier v. Munn, 41 N. Y. 143; Morgan v. Hannas, 13 Abb. [N. S.] 368; 1 Lindley on Part. 267, 268 ;…

1Per curiam

This action was brought to recover payment for legal services rendered by the plaintiff to the defendant.

Adaline C. Hotchkiss died in Detroit, Michigan, in 1887, and letters testamentary were issued to the defendant as her executor. Subsequently, claims of creditors amounting to about the sum of $60,000 were presented against her estate, and the services for which compensation is now sought were rendered by the plaintiff in defending the estate against such claims. The trial court found in favor of the plaintiff and awarded judgment against the defendant for the sum of two thousand dollars.…

2Cases cited10 opinions

  1. Austin v. . MunroNew York Court of Appeals · 1872
  2. Ferrin v. . MyrickNew York Court of Appeals · 1869
  3. Collier v. . MunnNew York Court of Appeals · 1869
  4. Thompson v. . WhitmarshNew York Court of Appeals · 1885
  5. Myer v. ColeNew York Supreme Court · 1815

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3Cited by29 opinions

  1. Vass v. Conron Bros. Co.Court of Appeals for the Second Circuit · 1932
  2. O'Brien v. . JacksonNew York Court of Appeals · 1901
  3. Jessup v. . SmithNew York Court of Appeals · 1918
  4. Shotwell v. . DixonNew York Court of Appeals · 1900
  5. Dodd v. . AndersonNew York Court of Appeals · 1910

24 more not listed; retrieve them via the Exa API.

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