SPILKER V. HANKIN
188 F.2d 35 (1951)
NATURE OF THE CASE: This was a dispute over payment of notes based on attorney fees.
FACTS: Spilker (D) gave her attorney Hankin (P) seven notes in payment for legal services
for a matrimonial action. The first was a demand note for $500 and the rest were for $250. D
paid the first note and failed to pay the second. P sued D. D claimed duress, and that the
fees were exorbitant and unconscionable and filed a counterclaim to determine if the note
paid was payment in full. P was awarded judgment on the note and the counterclaim was
dismissed. Another action ensued by P when D refused to pay the remaining five notes. D's
defense was misrepresentation and that she had paid P what the services were worth. P moved
for a summary judgment on claim preclusion based on the prior judgment. That was denied and
the jury found for D. The Court of appeals reversed and ordered judgment for P. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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