Ready v. National State Bank of Newark

The opinion of the court was delivered by

Brogan, Chief Justice.

The question for determination here is whether the plaintiff, a layman, may recover in an action on express contract a portion of a contingent fee paid for legal services to an attorney to whom he brought the case. The attorney with whom the agreement for the division of the fee was made, Thomas S. Henry, is dead and the suit was brought against his executor.

There is no room for doubt as to the plaintiff’s theory of his cause of action. It is clearly stated in the complaint in the cause, in these words: “On or about June 28th,…