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Pignone v. Brooks

Decided: May 14, 1938.

J. ALEXANDER PIGNONE, PLAINTIFF-RESPONDENT,
v.
LOUIS BROOKS, SARAH BROOKS, DEFENDANTS-APPELLANTS; HARRY BROOKS AND JOSEPH WIENER, DEFENDANTS



On appeal from a judgment of the District Court of the Second Judicial District of the county of Essex.

For the defendants-appellants, A. Albert Eichler and Arthur E. Dienst.

For the plaintiff-respondent, Carl & William Abruzzese.

Before Justices Case and Donges.

Donges

The opinion of the court was delivered by

DONGES, J. Plaintiff sued to recover the sum of $358.28, claimed to be the balance due to plaintiff for legal services rendered by himself and Frank Calabrese, both attorneys-at-law, to defendants. Calabrese assigned his interest in the claim to plaintiff.

The state of the case discloses that the claim was unliquidated and that the trial judge found that the value of the services was as claimed by plaintiff. It further shows that a suit was brought by plaintiff, and that said suit was settled upon terms contained in a paper marked Exhibit D-1, which is as follows:

"April 17, 1936.

Received from Louis and Sarah Brooks and Harry Brooks the sum of fifty ($50.00) dollars cash and promissory note of Harry Brooks for fifty ($50.00) dollars, in consideration of which J. Alexander Pignone promises and agrees to refrain from prosecuting any action against the said parties in the case of Pignone vs. Brooks et als. It is expressly understood that the within agreement is not a release and is not to constitute or be interpreted to release any claim against Joseph Wiener. It being intended that the above sum is in satisfaction and settlement of any claim against the above parties only.

HARRY BROOKS

LOUIS BROOKS

J. ALEXANDER ...


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