← Cases

In re Peterson

56 N.Y. St. Rep. 886 Court General Term, Second Department. Decision date 1893-12-01 English

Delivered by Barnard, P. J.

Contents

Majority

p. 886
General Term, Second Department.
Filed December 1, 1893.
In the Matter of the Application of George Peterson.

The order appealed from should be affirmed. Peterson held a claim of $160 against one Ganung. The action was put in the hands of the attorney Adams. $40 was paid without action, and Adams received $10 for his services. Adams obtained a judgment by default in favor of Peterson, before a justice of the peace for the balance of the claim, and Ganung paid the judgment, which was for $122.65. The parties to the transaction differ as to the contract. Adams says he was to have half and the claimant says the whole services were paid for by the $10. The special term allowed $25 additional and this was a very ample compensation for the services done. Ganung made no defence and the money was collected by proceedings supplementary to execution upon the judgment. Order affirmed, with costs and disbursements.