Goodrich v. Brett

Appellate Terms of the Supreme Court of New York

Goodrich v. Brett

35 Misc. 808, 72 N.Y.S. 1105

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1901

StatusPublished

This text of 35 Misc. 808 (Goodrich v. Brett) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Goodrich v. Brett, 35 Misc. 808, 72 N.Y.S. 1105 (N.Y. Ct. App. 1901).

Pincite

Opinion

Per Curiam.

The contract provides, “ in the event of defendant being defeated that he will pay the disbursements incurred by plaintiff past and future ” and, further, that,' in the "event of success, defendant shall pay plaintiff one-third of the amount recovered by him not only in the pending suit, which was but for an installment, but one-third of the total amount recovered under the contract. The words “ defeated ” and “ success ” as used in the contract must be held to mean success or defeat in the action, as the action was the subject-matter of the contract. Defendant, it is admitted, succeeded in the action, and as disbursements were only to be paid by him, in the event of defeat the decision of the learned trial justice was erroneous.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment reversed and new trial ordered, with costs to abide event.

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Per Curiam.

The contract provides, “ in the event of defendant being defeated that he will pay the disbursements incurred by plaintiff past and future ” and, further, that,' in the "event of success, defendant shall pay plaintiff one-third of the amount recovered by him not only in the pending suit, which was but for an installment, but one-third of the total amount recovered under the contract. The words “ defeated ” and “ success ” as used in the contract must be held to mean success or defeat in the action, as the action was the subject-matter of the contract. Defendant, it is admitted, succeeded in the action, and as disbursements were only to be paid by him, in the event of defeat the decision of the learned trial justice was erroneous.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment reversed and new trial ordered, with costs to abide event.

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Bluebook (online)

35 Misc. 808, 72 N.Y.S. 1105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodrich-v-brett-nyappterm-1901.