Adams v. Bush
New York Court of Appeals
Appeal from an order denying a new trial. This action was brought by Henry 0. Adams against Peter Gr. Bush and Jacob G. Bush, survivors of Peter G. Gaiioek, deceased, to recover for services alleged to have been, rendered by the plaintiff, upon the retainer of defendants and Garlock, as their attorney and counsel.
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Appeal from an order denying a new trial. This action was brought by Henry 0. Adams against Peter Gr. Bush and Jacob G. Bush, survivors of Peter G. Gaiioek, deceased, to recover for services alleged to have been, rendered by the plaintiff, upon the retainer of defendants and Garlock, as their attorney and counsel. Upon a trial before a referee, one of the defendants testified that a large part of the services of plaintiff were rendered under a special agreement, conditioned on success in the cause in which plaintiff was retained; and the referee disallowed the plaintiff’s claim as to these…
1Opinion of the Court
Dehio, Ch. J.
The legislature, by an act passed April 23, 1862 (Laws of 1862, 846, ch. 460, § 1), amended the second subdivision of the eleventh section of the Code of Procedure, so as to authorize appeals to this court from orders of the court of original jurisdiction refusing a new trial, having before amended it, so as to permit an appeal when a new trial had been ordered. It is rather difficult to determine to what class of cases the amendment last made applies. When questions of law have been raised by exception, and a new trial is denied, those questions were always brought here on…
2Cases cited2 opinions
- People v. Superior CourtNew York Supreme Court · 1833
- President, Directors & Co. of the Bank Utica v. HillardNew York Supreme Court · 1825