Legal Opinion

Washburn v. Mott

New York Circuit Court

Decided November 15, 1890PublishedCited by 2 opinions

Action by Emma Washburn against Philander Mott. Plaintiff moves to set aside a stipulation as procured by fraud.

1Opinion of the CourtRumsey, J.

Upon a careful examination of the ease since the argument, ■and upon the papers submitted, I am satisfied that the stipulation for settlement should stand as between the parties. But that does not dispose of the rights of the attorney. He had a contract for his compensation, and it makes no difference whether the defendant knew of the existence of that contract and its terms or not. The statute expressly provides that the lien of the attorney for his compensation cannot be affected by any settlement between the parties. Code Civil Proc. § 66. Since the passage of that statute, which took…

2Cases cited3 opinions

  1. Randall v. . Van WagenenNew York Court of Appeals · 1889
  2. Keeler v. KeelerNew York Supreme Court · 1889
  3. Custer v. . Greenpoint Ferry CompanyNew York Court of Appeals · 1885

3Cited by2 opinions

  1. Dienst v. McCaffreyNew York Court of Common Pleas · 1895
  2. Avery v. AveryNew York Supreme Court · 1893

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API