Wolfe v. Mack
New York Supreme Court
Appeal from a judgment of the Municipal Court of the city of New York, borough of Manhattan, fifth district, in. favor of defendant entered upon a trial by the court without a jury.
1Dissent
Guy, J. (dissenting).
I cannot concur either in the conclusion arrived at by my learned colleagues or in the reasons ■ advanced by them in support thereof. Their decision is predicated on the erroneous assumption that the relations between plaintiff and defendant herein were merely fiduciary, and not contractual. The evidence shows just the contrary. Both plaintiff and defendant testified to the making of an express contract whereby plaintiff employed defendant to col-*190loot a certain claim of insurance for plaintiff, and agreed to pay Mm either a contingent fee of twenty per cent, or a…
2Cases cited8 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
- In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901
- Jackson v. VolkeningAppellate Division of the Supreme Court of the State of New York · 1903
- Jackson v. . VolkeningNew York Court of Appeals · 1904
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