Thallhimer v. Brinckerhoff
New York Supreme Court
This was an action of assumpsit, tried at the New-York circuit in December, 1827, before the Hon, Ogden Edwards, one of the circuit judges. The plaintiff claimed the one fourth of certain monies received by the defendant on the compromise of certain actions of ejectment, prosecuted by the defendant as the attorney of the plaintiff and others; of which claim the defendant had due notice.
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This was an action of assumpsit, tried at the New-York circuit in December, 1827, before the Hon, Ogden Edwards, one of the circuit judges. The plaintiff claimed the one fourth of certain monies received by the defendant on the compromise of certain actions of ejectment, prosecuted by the defendant as the attorney of the plaintiff and others; of which claim the defendant had due notice. The property sought to be recovered in the actions of ejectment is situate in the city of New-York, and formerly belonged to one Isaac Teller. The plaintiff is the son-in-law of Isaac Teller, between whom and…
1Opinion of the Court
*396 By the Court,
Marcy, J.
The decision of the court in 0 Qgwen, 90, where this cause is reported on a motion for a new tr¡al on the part of the defendant, (a verdict than having ^een ^oun^ f°r the plaintiffj) disposes of most of the questions presented by the case now brought before us. There is one question, however, arising on the present case which was not then under consideration.
It is contended that improper evidence was admitted to establish the settlement between the defendant and Henry R. Teller. The defendant attempted to shew, and I think did show sufficiently, that Teller was the…
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