Rochfort v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of February, 1900, directing the defendant to pay to the plaintiffs attorney the sum of $130, his costs and lien herein on the amount of the settlement of this action between the parties.
1Opinion of the Court
O’Brien, J.:
This proceeding was initiated by service on defendant of a petition and notice of motion, and was brought on for a hearing upon the pleadings and such petition. The action was brought to recover damages for personal injuries due, as alleged, to defendant’s negligence, and the petition shows that, by agreement between the plaintiff and his attorney, the latter was to be paid a contingent fee of one-half of the amount recovered; that the defendant settled with the plaintiff by paying him $260 without the knowledge of the attorney, and that the plaintiff is irresponsible. The…
2Cases cited4 opinions
- Peri v. New York Central & Hudson River RailroadNew York Court of Appeals · 1897
- Pilkington v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Bailey v. . MurphyNew York Court of Appeals · 1892
- In re the Board of Street Opening & ImprovementAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by11 opinions
- Fenwick v. MitchellNew York Supreme Court · 1901
- Chorosh v. WoodburyNew York Supreme Court · 1930
- In re WinklerAppellate Division of the Supreme Court of the State of New York · 1913
- Albright v. Baltimore & O. R.District Court, E.D. New York · 1927
- Jacobs v. Niagara Cab Co.New York Supreme Court · 1938
6 more not listed; retrieve them via the Exa API.