Author: Wayland Everett Benjamin

Publisher: Rarebooksclub.com

Published: 2013-09

Total Pages: 108

ISBN-13: 9781230035284

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...a just claim of his client, induces him to assign the claim to a third person, a neighbor of the attorney and having offices with him, does not show a violation of the statute. Wightman v. Catlin, 113 App. Div. 24, 98 N. Y. Supp. 1o71. c. Under section 74 of Code of C ii/il Procedure. A contract between an attorney and another whereby the latter procured claims for the former for the purpose of suing thereon and the "proceeds" deemed as found in its entiret yby reason of the fact that it is a part of the pleadings constantly referred to in the progress of the case through the courts and is printed in full at least three times in the record. This omitted clause of the agreement and any other provision thereof not expressly found cannot be read into the findings as they stand. The leamed counsel for appellant bases his main argument upon the fact that the plaintiffs were not to call upon the defendant Cutting for any sum or sums of money to pay the necessary disbursements required in said proceedings. If the respondents were in a position where it was necessary to insist upon the strict construction of'the findings there would be no answer to the point they have raised that this important clause is not before us. On the argument and in the brief of the respondent's counsel it was suggested that this court look carefully through the record, nothwithstanding the unanimous decision of the Appellate whether costs or bonuses paid by defendant or percentager paid by the clients on the amounts recovered for them were to be divided equally is champertous. Matter of Clark, 184 N. Y. 222, 77 N. E. I. An agreement of an attorney to pay "all court fees, fees of witnesses and necessary disbursements to judgment," if client...

Download or read book New York Annotated Cases; Selected from the Current Decisions of the New York Courts written by Wayland Everett Benjamin and published by Rarebooksclub.com. This book was released on 2013-09 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...a just claim of his client, induces him to assign the claim to a third person, a neighbor of the attorney and having offices with him, does not show a violation of the statute. Wightman v. Catlin, 113 App. Div. 24, 98 N. Y. Supp. 1o71. c. Under section 74 of Code of C ii/il Procedure. A contract between an attorney and another whereby the latter procured claims for the former for the purpose of suing thereon and the "proceeds" deemed as found in its entiret yby reason of the fact that it is a part of the pleadings constantly referred to in the progress of the case through the courts and is printed in full at least three times in the record. This omitted clause of the agreement and any other provision thereof not expressly found cannot be read into the findings as they stand. The leamed counsel for appellant bases his main argument upon the fact that the plaintiffs were not to call upon the defendant Cutting for any sum or sums of money to pay the necessary disbursements required in said proceedings. If the respondents were in a position where it was necessary to insist upon the strict construction of'the findings there would be no answer to the point they have raised that this important clause is not before us. On the argument and in the brief of the respondent's counsel it was suggested that this court look carefully through the record, nothwithstanding the unanimous decision of the Appellate whether costs or bonuses paid by defendant or percentager paid by the clients on the amounts recovered for them were to be divided equally is champertous. Matter of Clark, 184 N. Y. 222, 77 N. E. I. An agreement of an attorney to pay "all court fees, fees of witnesses and necessary disbursements to judgment," if client...