Heller v. Kalisch
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Burnham Kalisch, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 15th day of December, 1909, upon the verdict of a jury rendered by direction of the court, certain questions of fact having been submitted to them, and also from an order entered in said clerk’s office on the 21st day of December, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
The. defendant, as an attorney, brought an action in the Supreme Court of this State to enforce' a claim which the plaintiff, a nonresident, had against a third party.. The action resulted in a judgment for the full amount claimed, which, .after the plaintiff had consented to reduce to a. certain amount, was paid. Out of. the amount paid the defendant retained a certain sum in payment for services rendered, and remitted the balance to the plaintiff. The plaintiff claimed he had fully paid defendant for the services rendered, and for that reason he liad no right to retain such…
2Cases cited1 opinion
- Schoellkopf v. . CoatsworthNew York Court of Appeals · 1901
3Cited by7 opinions
- Fleischman v. . FurguesonNew York Court of Appeals · 1918
- Knapp v. McFarlandDistrict Court, S.D. New York · 1972
- Leighton v. NEW YORK, SUSQUEHANNA & WESTERN RAILROAD CO.District Court, S.D. New York · 1969
- Charles Weiner Corp. v. D. Jack Davis Corp.Civil Court of the City of New York · 1982
- Brazilian Export & Import Co. v. Fireman's Fund Insurance Co. of San FranciscoCity of New York Municipal Court · 1919
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