Leary v. New York Central Railroad

Cochrane, P. J.:

The plaintiffs, who are attorneys and counselors at law, were retained by Dennis J. Smith and Grace Smith, his wife, to prosecute claims against the defendant because of its alleged negligence resulting in personal injuries to the said Grace'Smith. For their services the plaintiffs were to be paid one-half of the amounts recovered or received in settlement. They brought an action for Grace Smith but not for her husband Dennis. Defendant settled with both of the Smiths, paying the wife $1,500 and the husband $1,000. On such settlement the defendant gave the Smiths an agreement…