Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York Volume 18 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1897 Excerpt: ... App. Div. Second Department, June Term, 1897. Second Department, Bernard J. Tinney, Respondent, v, Margaretta Pierrepont, Appellant.--Judgment reversed and new trial granted before a new referee to be appointed at Special Term; costs to abide the event, unless plaintiff within twenty days stipulates to reduce t he recovery to $1,251. with inte-vst from Julv 1, 1894; in which case the judgment so reduced is affirmed, without costs of this apical to either party.--Appeal by the defendant from a judgment of the Supreme Court in favor of J the plaintiff, entered in the office of the clerk of the county of New York on the 22d day of July, 1891, upon the report of a referee.--, Willard Bartlett, J.: This is an action by an attorney and counselor at law to recover a balance of $7,"500 which heclaimsto be due to him from the defendant for professional services rendered by him up m her retainer in various matters during th" years 1892, 1898 and 1894. The claim also includes items of money paid out and expended by the Ylain tiff for the defendant at her request, he case was tried before a referee, who directed judgment for the plaintiff in the sum of $2,951, with interest from the 1st day of July. 1894, and judgment was entered accordingly. The referee filed a decision, un-1 der section 3028 of the Code of Civil Proced- ure. stating concisely the grounds upon which the issues had been decided, and an 1 exception was duly filed to such decision, which authorizes this court to review all the questions of fact and law in the case. There, is no doubt that the plaintiff was employed by the defendant as her attorney and counselor at law, or that he rendered to her serv-1 ices of considerable value in that capacity., We are satisfied, however, that the amount awa...