Martin v. Camp
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Hugh N. Camp, Jr., as executor, etc., from part of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 2d day of October, 1913, upon the decision of the court after a trial at the Westchester Special Term, a jury having been waived.
1Dissent
Stapleton, J. (dissenting):
I dissent, upon the authority of Johnson v. Ravitch (113 App. Div. 810). In that case the attorney had an express contract *616for a fixed percentage of any sum recovered by settlement or judgment. The court there affirmed an order fixing the compensation upon the basis of the reasonable value of services actually rendered up to the time the order was made, upon the client’s motion for the substitution of another attorney. This court then said: “ Every attorney enters into the service of his client subject to the rule that his client may dismiss or supersede him at…
2Cases cited6 opinions
- Dunn v. Hudson River Electric Co.New York Court of Appeals · 1912
- Johnson v. RavitchAppellate Division of the Supreme Court of the State of New York · 1906
- Carlisle v. BarnesAppellate Division of the Supreme Court of the State of New York · 1905
- Marsh v. HolbrookNew York Court of Appeals · 1869
- Andrewes v. HaasAppellate Division of the Supreme Court of the State of New York · 1913
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