Fisher v. Filon
New York Supreme Court
Appeal from judgment on report of referee. Claim by James S. Fisher against Mary E. Filón, John M. Davy, and Platt B. Viele, as executors of Michael Filón, deceased, as follows : “Estate of Michael Filón, Deceased, to James Fisher, Dr. To investing $19,400, legal services and correspondence connected therewith, and disbursements since 1888, being 5 per cent..........$970 00 Credit account Peters interest received............................ 45 05 $924 95 “Dated November 1,…
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Appeal from judgment on report of referee. Claim by James S. Fisher against Mary E. Filón, John M. Davy, and Platt B. Viele, as executors of Michael Filón, deceased, as follows : “Estate of Michael Filón, Deceased, to James Fisher, Dr. To investing $19,400, legal services and correspondence connected therewith, and disbursements since 1888, being 5 per cent..........$970 00 Credit account Peters interest received............................ 45 05 $924 95 “Dated November 1, 1895.” The matter was referred, pursuant to the statute. The referee directed judgment for claimant, and defendants…
1Opinion of the CourtBradley, J.
The testator died in July, 1893. The claim was exhibited to the defendants in December, 1893, and referred in November, 1894. The plaintiff was an attorney and counselor at law. The referee found, as facts: That in or about 1888 Michael Filón retained and employed the plaintiff to invest for him about $20,000 in Western mortgages, and promised to pay the plaintiff a reasonable ■compensation therefor. That the plaintiff did so invest $19,400, and afterwards, from 1888 to the time of the death of the testator, at his request, took charge of the collection of the interest on the mortgages;…
2Cases cited1 opinion
- Kearney v. . McKeonNew York Court of Appeals · 1881
3Cited by6 opinions
- Elias v. ClarkeCourt of Appeals for the Second Circuit · 1944
- Hamilton Trust Co. v. ClemesAppellate Division of the Supreme Court of the State of New York · 1897
- Warsaw Water Works Co. v. Village of WarsawAppellate Division of the Supreme Court of the State of New York · 1897
- Reconstruction Finance Corp. v. Eastern Terra Cotta Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1943
- Felbel v. JackmanAppellate Division of the Supreme Court of the State of New York · 1918
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