Baxter v. Connor
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James R. Connor, from a judgment of the County Court of Westchester county , in favor of the plaintiff, entered in the office of the clerk of said county on the 15th .• day of September, 1906, confirming the report of a referee, which determined an attorney’s lien upon a judgment, setting aside and vacating a satisfaction of the judgment, and authorizing the issuance of an execution in favor of said attorney to enforce his lien.
1Opinion of the Court
Hirschberg, P. J.:
This action was brought in the County Court of Westchester county to recover for personal inimies claimed to have been sustained by the plaintiff in consequence of defendant’s negligence. A written agreement was executed by the plaintiff and his attorney prior to the commencement of' the action, which provided among other things that the attorney was to: receive as compensation for his services one-half, or fifty per cent, of all damages which may be recovered by action, compromise or otherwise.
The trial resulted in a verdict for the plaintiff in the sum of $500, and…
2Cases cited4 opinions
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901
- Randall v. . Van WagenenNew York Court of Appeals · 1889
- Serwer v. SerwerAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by5 opinions
- Matter of LevyNew York Court of Appeals · 1928
- Rabenstein v. Morehouse, New York County Courts1926
- Knickerbocker Investment Co. v. VoorheesAppellate Division of the Supreme Court of the State of New York · 1908
- Field v. Truro Cab Corp.Civil Court of the City of New York · 1966
- Drake v. Pierce Butler Radiator Corp.New York Supreme Court · 1952