Whitehead v. . Kennedy
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiff entered upon the report of a referee and ordering a new trial unless plaintiff stipulates to reduce the damages to $6,000 and interest, and in case stipulation was made, affirming judgment for that amount. (Reported below, 7 Hun 230.) This action was brought by plaintiff as an attorney to recover for professional services.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiff entered upon the report of a referee and ordering a new trial unless plaintiff stipulates to reduce the damages to $6,000 and interest, and in case stipulation was made, affirming judgment for that amount. (Reported below, 7 Hun 230.) This action was brought by plaintiff as an attorney to recover for professional services. The facts are sufficiently set forth in the opinion. Transactions between attorney and client by which the former acquires the subject…
1Opinion of the CourtAndrews, J.
The complaint contains two causes of action. The first and principal one is based upon a written agreement made October 24, 1865, which recited that in consideration of the professional services of plaintiff in recovering a judgment therein described in favor of defendant against Simons, administrator, etc., defendant had given to plaintiff one-third of the damages recovered, and assigned and transferred to him one-third of said damages, alsb authorizing him to retain the costs. The plaintiff after setting out the agreement, avers that by virtue of that instrument he became and was the owner…
2Cases cited5 opinions
- Ford v. . HarringtonNew York Court of Appeals · 1857
- Howell v. RansomNew York Court of Chancery · 1845
- Collins v. Albany & Schenectady RailroadNew York Supreme Court · 1852
- Evans v. EllisCourt for the Trial of Impeachments and Correction of Errors · 1846
- Cassin v. . DelanyNew York Court of Appeals · 1868
3Cited by76 opinions
- Greene v. GreeneNew York Court of Appeals · 1982
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- O'Connor v. PapertsianNew York Court of Appeals · 1956
- In the Matter of the Application of KnappNew York Court of Appeals · 1881
- Matter of HowellNew York Court of Appeals · 1915
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