Tenney v. . Berger
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made December 5, 1881, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 16 J. & S. 11.) The nature of the action and the material facts are stated in the opinion. It was not necessary for the respondent to formally consent to carry on the revived proceeding upon the agreed basis; the presumption is that he did.
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Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made December 5, 1881, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 16 J. & S. 11.) The nature of the action and the material facts are stated in the opinion. It was not necessary for the respondent to formally consent to carry on the revived proceeding upon the agreed basis; the presumption is that he did. (Sleeper v. Van. Middlesworth, 4 Denio, 431.) In the progress of litigation, the attorney acts under one employment, by…
1Opinion of the CourtEarl, J.
This action was commenced to recover for legal services rendered by the plaintiff to the defendant, as attorney in the proceedings of the Surrogate Court of the city of Hew York, in reference to the probate of the will of the late Cornelius Vanderbilt, who was the father of the defendant. In her answer she alleged that the plaintiff was retained under a special agreement, by which he was to receive for his services whatever sum she saw fit to give him ; that he was to act as her attorney until the termination of the proceedings; that he violated his agreement by abandoning the proceedings and…
2Cases cited2 opinions
- Davis v. SmithSupreme Court of Vermont · 1875
- Trust v. RepoorThe Superior Court of New York City · 1856
3Cited by60 opinions
- Martin v. . CampNew York Court of Appeals · 1916
- Matter of CoopermanNew York Court of Appeals · 1994
- Dunn v. Hudson River Electric Co.New York Court of Appeals · 1912
- Demov, Morris, Levin & Shein v. GlantzNew York Court of Appeals · 1981
- Matter of KrooksNew York Court of Appeals · 1931
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