Fischer-Hansen v. . Bklyn. Heights R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 20, 1901, affirming a judgment of Special Term sustaining a demurrer to the complaint.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 20, 1901, affirming a judgment of Special Term sustaining a demurrer to the complaint. It is alleged in the complaint, in substance, that on the 5tli of January, 1900, the plaintiff, an attorney and counselor at law, was retained by the defendant Louis Olsen to commence and prosecute an action against the Brooklyn Heights Bailroad Company to recover $50,000 damages for personal injuries received by said Olsen through the negligence of said company whereby he lost his right…
1Opinion of the CourtVann, J.
The law has made great progress in protecting members of the bar since Blackstone wrote that “ a counsel can maintain no action for his fees, which are given not as looatio vel conductio, but as guiddam honorarium / not as a salary or hire, but as a mere gratuity, which a counselor cannot demand without doing wrong to his reputation.” (Chase’s Blackstone [3rd ed.], 630.) It seems strange to the lawyer of this generation to read the report of a case decided as recently as 1841, in which those eminent lawyers, Samuel Stevens and Peter Cagger, as copartners, had sued their client to recover the…
2Cases cited4 opinions
- Coughlin v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1877
- Baily v. . HornthalNew York Court of Appeals · 1898
- O'Hara v. . State of New YorkNew York Court of Appeals · 1889
- Adams v. Stevens & CaggerNew York Supreme Court · 1841
3Cited by166 opinions
- Itar-Tass Russian News Agency v. Russian Kurier, Inc.Court of Appeals for the Second Circuit · 1998
- Robinson v. . RogersNew York Court of Appeals · 1924
- Chesley v. Union Carbide Corp.Court of Appeals for the Second Circuit · 1991
- Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
- Klein v. EubankNew York Court of Appeals · 1996
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