The Archive · 1929

LAWYERS' CLAIM FOR THEIR FEES

A lawyers' claim for legal_fees was mentioned in the U.S. Court] jon September 4 before Judge Milton D, Purdy in the hearing of a petition Jof two interventors in the case of {the Harbin Electric Joint Stock Ca.

Ltd, against the National City' Bank of New York anc the Beck-man & Linden Engineering Ca. and Mr. E. W. Beardsley.

The action was brought by the plaintiff against the Bank before Judge Purdy and was heard some time ago, judgment. being given in favour of the plaintiff for the full amount Jelaimed. The case subsequently went before the Circuit Court of Appeal in San Francisco who reversed the judgment on the ground that other parties had mbt been represented in the action.

The interveners, Messrs. Sidney, through Mr, Davies, asked the court to have an order. decreeing that they had an interest in the subject matter of the action to the extent of 15 per cent, of the amounts claimed in" plaintiff's amended complaint, excluding interest, as legal fees.

'They claimed that under a contingent fee contract between them and the plaintiff -it was stipulated that they should receive 15 per cent, of certain amounts which had. been' deposited with the Harbin branch of the National City Bank, Judge Purdy's construction of the terms of the contract was that the lawyers should receive 15 per cent., from any sum recovered. Judge Purdy remarked that the judgment having been reversed by the Appellate Court, the plaintiff had not yet recovered anything. He was of opinion that the time was inop-Portune to entertain the lawyers!

Franklin for the National City Bank stated that it was A. Moss and Boris G. Gurevich, desirable for the court to determine the luowyers' claim which he said was the only obstacle to a come promise between the plaintiff and the defendant.

The proceedings were adjourned indefinitely. Judge Purdy requested. the inwyers to decide at what figure the plaintif® would compromise and deduct 15 per cent, of it towards payment for the lawyers' fees,

Text read from the printed page and cleaned; old type leaves the occasional error.

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