Waterbury v. Eldridge
New York Supreme Court
Appeal from special term, Kings county. Petition by James M. Waterbury and others to compel George 0. Eldridge, an attorney at law, to pay over to petitioners the sum of $2,500 collected by him as their attorney, and which he claimed a right to retain in payment for services rendered petitioners.
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Appeal from special term, Kings county. Petition by James M. Waterbury and others to compel George 0. Eldridge, an attorney at law, to pay over to petitioners the sum of $2,500 collected by him as their attorney, and which he claimed a right to retain in payment for services rendered petitioners. It appeared that the attorney had rendered a bill for his services up to a certain date, which was fully paid, and the court found that his services since that date were reasonably worth $500, and ordered that he should pay over the remainder to petitioners. Eldridge appeals.
1Opinion of the CourtPratt, J.
The decision of the court below in this matter was as liberal to the defendant as the facts warranted. There was no occasion to send the matter to a referee, or turn the petitioner over to his action, as it clearly appeared without dispute what services the respondent had rendered since he was paid; and the value could be estimated readily and properly by the court. The respondent had rendered his bill with items, and set a price upon his services, and was fully paid. The principle upon which the court below acted was sound, and well sustained by authority. Williams v. Glenny, 16 N. Y. 389;…
2Cases cited1 opinion
- Williams v. . GlennyNew York Court of Appeals · 1857
3Cited by2 opinions
- In re GoldinAppellate Division of the Supreme Court of the State of New York · 1926
- In re TracyAppellate Division of the Supreme Court of the State of New York · 1896