Driscoll

Plaintiff sued as assignee of a claim for legal services. The case was tried without a jury and plaintiff had judgment for $8,000 with interest amounting to $3,073.33. On hearing of defendants’ motion for a new trial the judgment was modified by striking out the item of interest. The defendants appeal upon a bill of exceptions.

Plaintiff’s assignors performed legal services in connection with the settlement of the estate of Sabina A. Lanon, deceased, whereby there was distributed to the three defendants here sued the sum of $54,000. Prior to the proceedings for the settlement of the estate these defendants assigned to one Cox one-third of their interest in the estate upon his agreement that he would pay all expenses involved in the proceedings. A contest arose with one who claimed to be sole heir which brought about a long delay in the settlement of the estate. Upon settlement the portion assigned to Cox was distributed directly to him. Pending the settlement these defendants, who were all residents of the state of New York, gave their power of attorney to the North Avenue Bank of New Rochelle, New York, and this bank recognized plaintiff’s assignors as attorneys for the three…