Carey v. Gnant
New York Supreme Court
APPEAL by the plaintiff from an order made at a special term. The plaintiff, who is an attorney and counselor of this court, obtained from the defendant, who was, at the time the judgment was obtained, his client, a judgment by confession, which was predicated upon an agreement prepared by the plaintiff, on the same day, by which the defendant agreed to pay said plaintiff $10,000 if the plaintiff prosecuted to final judgment an action of ejectment, which he agreed to bring,…
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APPEAL by the plaintiff from an order made at a special term. The plaintiff, who is an attorney and counselor of this court, obtained from the defendant, who was, at the time the judgment was obtained, his client, a judgment by confession, which was predicated upon an agreement prepared by the plaintiff, on the same day, by which the defendant agreed to pay said plaintiff $10,000 if the plaintiff prosecuted to final judgment an action of ejectment, which he agreed to bring, and which he agreed should be successful, and that the defendant should be put in possession of the premises. The action…
1Opinion of the CourtIngraham, J.
The agreement between the parties was
that the defendant should give the plaintiff $10,000 if he-prosecuted a claim to lands, &c., in Westchester, recovered the same, and put the defendant in possession of the property, and to secure payment thereof, a judgment by confession was entered within four days thereafter for that sum. The parties, before trial, compromised their differences.
The plaintiff now claims to enforce the judgment for the whole amount.
I am at a loss to see on what ground the plaintiff can recover the amount of the judgment. The parties compromised their differences before the…
2Cases cited9 opinions
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Rooney v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1858
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- Shannon v. ComstockNew York Supreme Court · 1839
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Henry v. VanceCourt of Appeals of Kentucky · 1901
- McElhinney v. KlineMissouri Court of Appeals · 1878
- Duke v. HarperMissouri Court of Appeals · 1880
- Andrewes v. HaasAppellate Division of the Supreme Court of the State of New York · 1913
- In re the Estate of MontgomeryNew York Surrogate's Court · 1935