Marsell v. Maires

Headnote

Contract — when agreement by attorney to pay another a percentage of his anticipated fee if latter would assist in having appointed certain trustees of a bankrupt corporation and aid in having him appointed their attorney, void as against public policy.

Marsell v. Maires, 203 App. Div. 646 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 22, 1922, which unanimously affirmed an order of Special Term granting defendant’s motion for judgment on the pleadings. The complaint alleged that the defendant herein requested plaintiff to assist him in electing and having appointed

certain trustees of a bankrupt corporation, and to thereafter aid in procuring the appointment of the defendant as attorney for the said trustees and to assist the said defendant in the event of his appointment as attorney for the said trustees in all matters of litigation which he might be called upon to do by the said defendant, and said defendant agreed with plaintiff herein that in the event of such appointment as aforesaid, as attorney for the said trustees, that he would pay to the plaintiff herein one-third of any and all fees and allowances that might be awarded to and received by him for his services as attorney for said trustees; that plaintiff carried out his part of the agreement; that defendant received $50,000 for his services as attorney for the trustees; that the plaintiff is entitled to the sum of $16,666.66 and prays for judgment in said amount. The court granted the motion for judgment upon the theory that the contract alleged in the complaint was against public policy and, therefore, void.