In Re the Accounting of Fitzsimons
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 30, 1903, reversing an order of the New York County Surrogate’s Court and dismissing the appellant’s proceeding to establish and enforce an attorney’s lien and denying him the relief prayed for in his petition therein. The facts, so far as material, are stated in the opinion. The appellant has a lien under section 66 of the Code of Civil Procedure.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 30, 1903, reversing an order of the New York County Surrogate’s Court and dismissing the appellant’s proceeding to establish and enforce an attorney’s lien and denying him the relief prayed for in his petition therein. The facts, so far as material, are stated in the opinion. The appellant has a lien under section 66 of the Code of Civil Procedure. (Matter of Regan, 167 N. Y. 338.) The agreement was not champertous. (Fowler v. Cullen, 102 N. Y. 395 ; Zogbaum v. Parker, 55 N.…
1Opinion of the CourtMartin, J.
On August 27th, 1897, Ann Cassidy died in the city of New York leaving her surviving as her only heirs at law and next of kin a sister, Mary E. Fitzsimons, a brother, Peter A. Cassidy, and a nephew, John P. McNally. About ten days before her death she delivered to Father Colton, rector of St. Stephen’s Roman Catholic Church, eighteen or twenty hank books belonging to her, and requested him to collect the sums due thereon, amounting to $71,481.93, declaring that she would subsequently inform him what disposition to make of the money when so collected. He collected that amount, but the…
2Cases cited12 opinions
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- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Peri v. New York Central & Hudson River RailroadNew York Court of Appeals · 1897
- Sedgwick v. . StantonNew York Court of Appeals · 1856
- Irwin v. . CurieNew York Court of Appeals · 1902
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- Morehouse v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
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