(Download) "Bergh v. Simons" by United States Court Of Appeals Second Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Bergh v. Simons
- Author : United States Court Of Appeals Second Circuit
- Release Date : January 07, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
This appeal turns on whether, under New York law, a layman can enforce an alleged agreement with a lawyer, whereby the lawyer promised to turn over 25% of all fees received from a client for the prosecution of an excess profits tax refund claim in return for the laymans efforts in producing the client and his promise to be available if called upon to help in preparing the claim. The question was presented to the District Court for the Southern District of New York on the complaint, the answer, and the depositions of both parties, by the defendants motion for summary judgment on the ground that the contract was illegal under governing New York law. Judge Murphy, agreeing that it was illegal and therefore unenforceable, granted summary judgment for the defendant, whereupon the plaintiff appealed.