Cohen v. Goldberger

Ohio Supreme Court
Cohen v. Goldberger, 2 Ohio Law. Abs. 120 (Ohio 1922)
Matthias

Cohen v. Goldberger

Opinion of the Court

MATTHIAS, J.

Epitomized Opinion-!

■ First Publication ot thlsiOpiniou

Attorneys — Julius R. Samuels and S. A. Headley, for Cramer; Cobb, Howard & Bailey and Kramer & Bettman (all of. Cincinnati), for Kramer & Bettman and others.

A judgment obtained by Cohen against Góldberger was affirmed by the Court of Appeals and again by the Cupreme Court. Before the judgment was paid Kram'er & Bett-man and others, attorneys for Cohen, filed an intervening petition in the Court of Appeals praying that they be allowed an attorneys’ lien on the judgment by virtue of a contract with Cohen that they should receive as fees one-half of the am'ount recovered. Cramer, a creditor of the partnership of Góldberger & Cohen, had previously filed an intervening petition contending that the judgment was partnership assets rather than the property of Cohen. Judgment for Kram|er & Bettman and others on their intervening petition was rendered by the Court of Appeals. Cramer brings error. Held:

Even if the judgment is the property of the partnership and not of Cohen it was obtained by the skill and labor of these attorneys, Kramer & Bettman and others, and as a result they have a lien on the judgment, and the partnership, if entitled to the judgment, must take it incumbered by their legitimate charge. Judgment of Court of Appeals affirmed.

Reference

Full Case Name
COHEN v. GOLDBERGER CRAMER v. KRAMER & BETTMAN
Status
Published