Legal Opinion

Wolfe v. Mack

New York Supreme Court

Decided June 15, 1913PublishedCited by 5 opinions

Appeal from a judgment of the Municipal Court of the city of New York, borough of Manhattan, fifth district, in. favor of defendant entered upon a trial by the court without a jury.

1Opinion of the CourtPage, J.

This action is brought by a client ag’ainst his attorney to recover a balance of money had and received. The plaintiff had a claim against the Jewellers’ Safety Fund Society under a policy of insurance that he had unsuccessfully attempted to adjust. He retained the defendant, an action was brought and a recovery had in plaintiff’s favor. A dispute then arose as to the amount of defendant’s compensation, the plaintiff claiming that defendant had agreed to accept twenty per cent, of the recovery for his services and the defendant claiming to be entitled to thirty-three and one-third per cent,…

2Cases cited3 opinions

  1. Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
  2. Dunn v. WhalenAppellate Division of the Supreme Court of the State of New York · 1907
  3. General Fireproof Construction Co. v. ButterfieldAppellate Division of the Supreme Court of the State of New York · 1911

3Cited by5 opinions

  1. Egan v. CrowtherCalifornia Court of Appeal · 1925
  2. In re the Examination in Supplementary Proceedings of RileyAppellate Division of the Supreme Court of the State of New York · 1943
  3. Galvanotype Engraving Co. v. International Bible Students Ass'nAppellate Terms of the Supreme Court of New York · 1917
  4. Westerlund v. PetersonSupreme Court of Minnesota · 1923
  5. Wolf v. MackAppellate Division of the Supreme Court of the State of New York · 1914

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