Simpson v. Metropolitan Trust Co. — 219 N.Y. 667

Majority

p. 667

John W. Simpson et al., Respondents, v. Metropolitan Trust Company of the City of New York, as Administrator of the Estate of Alexander McDonald, Deceased, Appellant.

Headnote

Simpson v. Metropolitan Trust Co., N. Y, - 169 App. Div. 928 , affirmed.

(Argued December 5, 1916;

decided December 28, 1916.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 29, 1915, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court upon the pleadings in an action upon a promissory note.

p. 668

The answer 'alleged in substance that the sole consideration for the note in suit was the payment of a fee for legal services, the claimants being the attorneys for the makers of the note, and withholding from them at the time all knowledge of the fact that they had already received approximately the same amount from another source for the same work.

Nash JRocTswood and Lawrence B. McKelvey for appellant.

Graham Sumner for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Oh. J., Hisaooic, Chase, Collin, Cuddebaok, Hogan and Pound, JJ.