Ely v. Cook
New York Court of Common Pleas
Appeal from a judgment entered at special term, in favor of the defendants Sherwood and against the defendant Cook, de* daring his discharge, as an insolvent debtor, void.
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Appeal from a judgment entered at special term, in favor of the defendants Sherwood and against the defendant Cook, de* daring his discharge, as an insolvent debtor, void. The action was brought by the plaintiff to set off a judgment by confession, recovered by him against the defendant Cook, against a judgment for costs recovered by Cook against the plaintiff, and also to set aside an insolvent discharge granted to the defendant Cook subsequent to the judgment so entered against him, but prior to the judgment entered in his favor. It appeared that the judgment in favor of the plaintiff, and…
1Opinion of the CourtBrady, J.
The Code (§ 303) repeals all existing laws restricting or controlling the right of a party to agree with an attorney, solicitor or counsel, for his compensation, and hence it follows that though prior to the enactment referred to an agreement with an attorney to give him part of a debt for collecting it was void, (Satterlee v. Frazer, 2 Sand. S. C. R. 141, and cases cited), it is not so now. In the language of Sandford, J., in the case just mentioned, “ the Code of Procedure appears to have changed the law in this respect, and enables parties to make such bargains as they please with their…
2Cases cited11 opinions
- Nicoll v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1836
- People ex rel. Manning v. New York C. P.New York Supreme Court · 1835
- United States v. BoisdoreSupreme Court of the United States · 1851
- Wilkins v. BattermanNew York Supreme Court · 1848
- Chappell v. DannNew York Supreme Court · 1855
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3Cited by1 opinion
- Wood v. MerrittNew York Court of Common Pleas · 1873