United States Fidelity & Guaranty Co. v. Williamson

In an action by a former attorney of record in a personal injury action and by his assignees, to recover for money had and received by the defendant, who was substituted as such attorney of record, the defendant appeals from an order of the Supreme Court, Kings County, dated October 4, 1963, which denied his motion for summary judgment dismissing the complaint. Order affirmed, with $10 costs and disbursements. This action for money had and received seeks to reach part of a contingent fee arising out of a judgment obtained in a personal injury action. The plaintiffs are William A. Clark, formerly counsel of record in the personal injury action, and three others to whom Clark had executed assignments of his interest in that action. It appears that in 1957 Clark had been retained as attorney for the injured person. Clark immediately retained another attorney, the defendant Williamson, to prosecute the action. The latter avers that the agreement between them was that they would share the contingent fee equally on the basis of division of services or responsibility. The extent of the services rendered by Clark is disputed; it appears that Clark was confined to various hospitals for most of the period between October, 1957 through July, 1958. In any event, on June 23, 1958, the client (the injured person) executed a stipulation substituting the defendant Williamson