P., C., C. & St.L. Ry. Co. v. Volkert
Ohio Supreme Court
Error to the Circuit Court of Hamilton county. The action in which the judgment was rendered which it is now sought to reverse, was commenced in the court of common pleas by the filing of a petition by one Elizabeth Furst against Herman Muller, Phillip Volkert and Frederick Quatkemeyer, to recover a judgment against Muller and to reach certain choses in action claimed to be in the possession of Volkert and Quatkemeyer which they had received from Muller, and held in trust…
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Error to the Circuit Court of Hamilton county. The action in which the judgment was rendered which it is now sought to reverse, was commenced in the court of common pleas by the filing of a petition by one Elizabeth Furst against Herman Muller, Phillip Volkert and Frederick Quatkemeyer, to recover a judgment against Muller and to reach certain choses in action claimed to be in the possession of Volkert and Quatkemeyer which they had received from Muller, and held in trust for the plaintiff. Quatkemeyer answered denying any right of the plaintiff as against him, and disclosing that the real…
1Opinion of the CourtSpear, C. J.
The controversy in this court is wholly between the Railway Company and Volkert. No other parties contested, the case in the circuit court, and the Railway Company alone brings the *367case to this court. The essential facts are these: Muller agreed with Quatkemeyer to act as his attorney in his case against the Railway Company for one-half of any judgment which might be obtained. Before any legal interest had vested in him, Muller assigned his fees in the case to Volkert. The judgment of Quatkemeyer against the Railway Company was for $3,500, and was rendered October 4, 1893. On December 16,…
2Cases cited19 opinions
- Mandeville v. WelchSupreme Court of the United States · 1820
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
- Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
- Brill v. . TuttleNew York Court of Appeals · 1880
- First National Bank of Wellsburg v. KimberlandsWest Virginia Supreme Court · 1880
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