La Fetra v. Hudson Trust Co.

Headnote

Attorney and client — conversion — action by attorney to recover per~ centage of certain bonds exchanged by defendant for certain tort claims which he had successfully prosecuted under contract that he was to have a certain percentage of recovery for his services.

La Fetra v. Hudson Trust Co., 203 App. Div. 729 , affirmed.

Appeal from a judgment, entered January 3, 1923, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of defendant entered upon a verdict directed by the court and directing judgment in favor of plaintiff. The action which was in conversion was brought by an attorney at law to recover forty per cent of certain bonds received on a sale of three tort claims which had been liquidated by the attorney for the claimant. The claimant subsequently assigned these claims to defendant as collateral for a loan and thereafter they were exchanged by claimant and defendant for the bonds. . Plaintiff claimed an assignment of a forty per cent interest in the tort claims and, therefore, the right to recover forty per cent of the bonds.