Howe v. Schweinberg
New York Court of Common Pleas
Appeal from city court, general term. Action by William F. Howe and Abraham H. Hummel against Isabella Schweinberg, administratrix of the estate of Philip Schweinberg, deceased, on a special agreement for compensation for professional services. A judgment for plaintiffs by direction of the court was affirmed at the general term of the city court, (21 N. Y. Supp. 469,) and defendant appeals.
1Opinion of the CourtPryor, J.
The plaintiffs sue upon a special contract for a fee of $1,000, contingent on the event of the litigation for which they were retained. On the trial the single issue in controversy was as to the fact of the agreement. At the close of the plaintiffs’ case the defendant declined to introduce any evidence, whereupon. the court directed a verdict for the plaintiffs; and the only question for adjudication is whether the issue touching the contract between the parties should have been submitted to the jury.
Upon the assumption that, for proof of the contract, the plaintiffs relied exclusively on the…
2Cases cited4 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Kavanagh v. . WilsonNew York Court of Appeals · 1877
- Nay v. . CurleyNew York Court of Appeals · 1889
- Lomer v. . MeekerNew York Court of Appeals · 1862
3Cited by4 opinions
- Johnson v. DollNew York Court of Common Pleas · 1895
- Spring v. Millington, New York County Courts1904
- Tyler v. Third Avenue RailroadAppellate Terms of the Supreme Court of New York · 1896
- Stirling v. KelleyAppellate Division of the Supreme Court of the State of New York · 1902