Neu v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 22fi day of December, 1905, upon the decision of the court rendered after a trial at .the Kings County. Special Term. Action to enforce an attorney’s lien after a settlement made by the defendant.
1Opinion of the Court
Per Curiam :
The parties consented to try the issues as if in an action for money had and received. The attorneys under their agreement were entitled to one-half of the sum as adjusted. The sum paid in settlement as established by the Uncontradicted evidence is $450. This.must be taken as the basis of the attorneys’ claim (Pilkington v. Brooklyn Heights R. R. Co., 49 App. Div. 22), and, therefore, the judgment could not exceed seventy-five dollars. The judgment must be reversed and a new trial granted, unless the plaintiffs'within twenty days consent to a reduction .thereof to seventy-five…
2Cases cited1 opinion
- Pilkington v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Schmitz v. South Cov. & Cin. St. Ry. Co.Court of Appeals of Kentucky · 1909