4 Thomp. & Cook 651
Decided October 15, 1874
New York Supreme Court · decided 1874-10-15
The action was brought by Isaac Devoe against David R Nutter. Another action was brought by plaintiff against defendant, in the court of common pleas. The actions were to recover an interest in suits brought by defendant, as attorney, for several parties against the collector of the port of New York, for erroneous assessment of duties; plaintiff’s interest being part of defendant’s'fees for his services.
Decided 1874-10-15
¶1The head-note states fully the only point passed upon in the opinion. The order denying the motion was reversed and an order directed vacating the report so far as it related to the amount of the recovery, and that the referee proceed to try the question as to the amount plaintiff was entitled to recover, etc., etc.
¶2Ordered accordingly.