Andrews v. . Tyng
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 28, 1881, which affirmed a judgment in favor of the plaintiffs, entered upon the report of a referee. > The complaint stated that the plaintiffs were lawyers, and set forth, in substance, two causes of action : First.
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Appeal from a judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 28, 1881, which affirmed a judgment in favor of the plaintiffs, entered upon the report of a referee. > The complaint stated that the plaintiffs were lawyers, and set forth, in substance, two causes of action : First. An indebtedness for services rendered upon defendant’s retainer in the prosecution of two suits — one against Baird and others and another against Fields and others. Second. A debt due them as assignees of Delevan for money paid by him for the…
1Opinion of the CourtDanforth, J.
The order of the General Term is an emphatic protest against the injustice of the decision of the referee, and we think the error upon which it stands is not cured by the condition imposed upon the plaintiffs. The answer charges a serious breach of duty on their part—the referee substantially sustains the allegation, but, in the opinion of the General Term, he failed to carry out his finding to a legitimate conclusion. He awarded - a nominal sum only to the defendant, and the condition imposed by the General Term requires in its stead the allowance of substantial damages. The plaintiffs…
2Cases cited1 opinion
- Whitehead v. . KennedyNew York Court of Appeals · 1877
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- Cole v. RobyNew York Supreme Court · 1890
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