Legal Opinion

Weber v. Werner

Appellate Division of the Supreme Court of the State of New York

Decided May 6, 1910PublishedCited by 1 opinion

Appeae by the defendant, Morris J. Werner, from a judgment .of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of New York on the 27th day of November* 1909, upon the verdict-of a jury, and also from an order entered in said clerk’s office on the 24th day of November, 1909, denying the defendant’s motion for- a new trial made upon the .minutes.

1Opinion of the Court

Laughlin, J.:

The defendant is an attorney and counselor at law, and the action .is brought by the general guardian of an infant to recover moneys belonging to the infant collected by the attorney on the employment of the plaintiff. It appears that the infant had an interest in certain real property-in the city of New York, .which was covered by a -mortgage. The mortgage was'foreclosed -and the surplus was paid into court, and in surplus money proceedings, thereafter instituted by the defendant for the plaintiff, the sum of $4,445.88 was awarded to the plaintiff as general guardian of the…

2Cases cited4 opinions

  1. Vilas v. . PageNew York Court of Appeals · 1887
  2. Grant v. HumbertAppellate Division of the Supreme Court of the State of New York · 1906
  3. Kent v. WestAppellate Division of the Supreme Court of the State of New York · 1898
  4. In re the Estate of FlintNew York Surrogate's Court · 1896

3Cited by1 opinion

  1. In Re Boyd's GuardianshipNew Mexico Supreme Court · 1933

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