Legal Opinion

Hammer v. Crain Bros.

Pennsylvania Court of Common Pleas, Alleghany County

Decided April 4, 1979No. GD 78-4336Published

1Opinion of the Court

FINKELHOR, J.,

— The above action in assumpsit by plaintiff attorney, Paul L. Hammer, Esq., for the collection of counsel fees, came before the court on the prehminary objections of defendant, Crain Brothers, Inc., in the nature of a demurrer, and the alternate motion of plaintiff for summary judgment.1

*198The issue, one of first impression, is whether an attorney is entitled to counsel fees from an adverse party where the judgment against said adverse party is reduced by virtue of a prior settlement between the attorney’s client and a third party.

The present litigation arose from an accident at…

2Cases cited15 opinions

  1. Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
  2. Sprague v. Ticonic National BankSupreme Court of the United States · 1939
  3. Corace v. BALINT (Et Al.)Supreme Court of Pennsylvania · 1965
  4. Harris's AppealSupreme Court of Pennsylvania · 1936
  5. Furia v. PhiladelphiaSuperior Court of Pennsylvania · 1955

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