Gasquet v. Whitehead — 191 N.Y. 538

Majority

p. 538

Marshall J. Gasquet, Respondent, v. A. Pennington Whitehead et al., Appellants.

Headnote

Gasquet v. Whitehead, 117 App. Div. 921 , affirmed.

(Argued February 26, 1908;

decided March 13, 1908.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 18, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action by an attorney to recover one-half of an extra allowance awarded to the defendants as attorneys in an action under an alleged agreement for a division of compensation and costs.

George A. Strong and Marshal Stearns for appellants.

James D. Fessenden for respondent.

Judgment affirmed, with costs, on the ground that the record contains no exception which presents the question of law whether the contract sued upon was valid or not; no opinion.

Concur: Cullen, Ch. J., Vann, Werner, Hisoock and Chase, JJ. Dissenting: Gra? and Haight, JJ.