Fowler v. . Callan
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Hew York, entered upon an order made at the January term, 1884, which affirmed judgments in favor of defendants, entered upon an order dismissing the complaint on trial. (Reported below, 12 Daly, 263.) This was an action of ejectment to recover an undivided half of certain premises to which plaintiff claimed title under a deed from defendant Callan.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Hew York, entered upon an order made at the January term, 1884, which affirmed judgments in favor of defendants, entered upon an order dismissing the complaint on trial. (Reported below, 12 Daly, 263.) This was an action of ejectment to recover an undivided half of certain premises to which plaintiff claimed title under a deed from defendant Callan. The plaintiff is an attorney at law, and the deed was delivered to him in pursuance of a contract, the substance of which is stated in the…
1Opinion of the CourtFinch, J.
It does not affect the validity of the contract between the attorney and his client, that measured by the old rules relating- to champerty and maintenance, it would have fallen under their condemnation; for neither doctrine now prevails except so far as preserved by our statutes. (Sedgwick v. Stanton, 14 N. Y. 289.) The attorney may agree upon his compensation; and it may be contingent upon his success, and payable out of the proceeds of the litigation. Such contracts are of common occurrence, and while their propriety has been vehemently debated, they are not illegal, and when fairly made…
2Cases cited1 opinion
- Sedgwick v. . StantonNew York Court of Appeals · 1856
3Cited by33 opinions
- In Re the Accounting of FitzsimonsNew York Court of Appeals · 1903
- Irwin v. . CurieNew York Court of Appeals · 1902
- Greenberg v. Jerome H. Remick & Co.New York Court of Appeals · 1920
- In Re the Estate of GilmanNew York Court of Appeals · 1929
- Croco v. Oregon Short Line RailroadUtah Supreme Court · 1898
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