Andrewes v. . Haas
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department., entered January 18, 1914, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint is on contract and its sufficiency should be tested as such. (Jacquelin v. M. J. Assn., 39 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department., entered January 18, 1914, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint is on contract and its sufficiency should be tested as such. (Jacquelin v. M. J. Assn., 39 App. Div. 515; Barney v. Fuller, 133 N. Y. 605; Boyd v. Dailey, 85 App. Div. 581; 176 N. Y. 613; Ware Bros. v. C. C. Co., 192 N. Y. 439; Keteltas v. Myers, 19…
1Opinion of the CourtCardozo, J.
The plaintiff is a member of the bar, He complains that the defendants refused to prosecute ar action in which they had retained him as their lawyer The agreement was, he says, that they would sue for $180,000, and pay him twenty-five per cent of the amount recovered. He drafted a complaint for them, but there the action stopped. The defendants refused to go on with it. They were advised and became convinced, as they now allege in their answer, that the action was without merit. Because of their refusal to proceed with it the plaintiff says that they owe him $45,000. In opening his case he…
2Cases cited7 opinions
- Dunn v. Hudson River Electric Co.New York Court of Appeals · 1912
- Nutt v. KnutSupreme Court of the United States · 1906
- Tenney v. . BergerNew York Court of Appeals · 1883
- Matter of SnyderNew York Court of Appeals · 1907
- Johnson v. RavitchAppellate Division of the Supreme Court of the State of New York · 1906
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3Cited by39 opinions
- Martin v. . CampNew York Court of Appeals · 1916
- Matter of CoopermanNew York Court of Appeals · 1994
- Succession of WallaceSupreme Court of Louisiana · 1991
- Greenberg v. Jerome H. Remick & Co.New York Court of Appeals · 1920
- Walters Ex Rel. Walters v. HastingsNew Mexico Supreme Court · 1972
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