Cleveland v. Cromwell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George Cromwell, from a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 21st day of December, 1907, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of January, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
While the ease presented a question for the jury (Cleveland v. Cromwell, 110 App. Div. 82), I think that the preponderance of the evidence supports the view that the defendant merely undertook, as the plaintiff’s friend, to extricate him from his difficulties by effecting a compromise ; that the defendant was employed, if at all, to do precisely what he did do, and that he was not expected to examine the indictment, to advise the plaintiff of his legal rights or to conduct his defense in case the effort to failed.
When the plaintiff was arrested he employed another lawyer, and after…
2Cases cited1 opinion
- Cleveland v. CromwellAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Dulberg v. MockNew York Court of Appeals · 1956
- Claudio v. HellerNew York Supreme Court · 1983
- Marshel v. HochbergAppellate Division of the Supreme Court of the State of New York · 2007