Randall v. . Van Wagenen
New York Court of Appeals
Appeal from, judgment of the General Term of the Superior Court of the city of New York, entered upon an order made May 18, 1887, which affirmed a judgment dismissing the complaint herein entered upon trial at circuit. This action was brought to recover damages for the alleged wrongful acts of the defendant, Jacob Van Wagenen, in procuring the settlement and discontinuance of a former action brought against him by his co-defendants.
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Appeal from, judgment of the General Term of the Superior Court of the city of New York, entered upon an order made May 18, 1887, which affirmed a judgment dismissing the complaint herein entered upon trial at circuit. This action was brought to recover damages for the alleged wrongful acts of the defendant, Jacob Van Wagenen, in procuring the settlement and discontinuance of a former action brought against him by his co-defendants. The facts are sufficiently stated in the opinion. An answer having been interposed to the complaint, if the facts alleged constituted a cause of action, either at…
1Opinion of the CourtAndrews, J.
The suit of O’BTeil and others against the • defendant Yan Wagenen was settled and discontinued in 1877 by agreement between the parties without the consent of the ^attorney for the plaintiffs. The attorney subsequently brought •this action against the parties to the former action, alleging ■the existence of a cause of action on contract in favor of the plaintiffs in the former action against the defendant therein for $10,799.35; the bringing of an action thereon by him as attorney .for the plaintiffs; an agreement between the plaintiffs in that action and their attorney to give him one-half…
2Cases cited5 opinions
- Goodrich v. . McDonaldNew York Court of Appeals · 1889
- Coughlin v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1877
- Martin v. HawksNew York Supreme Court · 1818
- Pulver v. . HarrisNew York Court of Appeals · 1873
- People ex rel. Manning v. New York C. P.New York Supreme Court · 1835
3Cited by42 opinions
- Denver & R. G. R. v. RodderCourt of Appeals for the Ninth Circuit · 1900
- Sanders v. . SoutterNew York Court of Appeals · 1891
- In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901
- Lee v. Vacuum Oil Co.New York Court of Appeals · 1891
- Miedreich v. RankIndiana Court of Appeals · 1907
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