Gabriel v. Schillinger Fire Proof Cement & Asphalt Co.
New York Supreme Court
Motion by plaintiffs to compel the payment to them of certain moneys retained by the attorney of record for said plaintiffs in the above-entitled action.
1Opinion of the CourtDaly, J.
The verdict of the jury in the Municipal Court establishes that when the attorney received the $659.84 from his clients, the plaintiffs, it was upon the agreement that he was to pay any further claims, costs or disbursements of himself and all other persons, arising out of two actions which he had commenced for the plaintiffs; and, consequently, that when it became necessary to discontinue one of such actions, because of the plaintiffs receiving satisfaction in the other (both involving the same claim), and the defendant, in the action discontinued, was awarded $186.30 costs, it was the duty…
2Cases cited4 opinions
- Butchers' Union Slaughterhouse & Live Stock Landing Co. v. Crescent City Live Stock Landing & Slaughterhouse Co.Supreme Court of Louisiana · 1889
- Cottrell v. FinlaysonNew York Supreme Court · 1850
- People ex rel. Whillis v. BrothersonNew York Supreme Court · 1862
- Grangier v. HughesThe Superior Court of the City of New York and Buffalo · 1889
3Cited by2 opinions
- Roquemore v. Sovereign Camp, W. O. W.Supreme Court of Alabama · 1933
- Papa v. RiniAppellate Division of the Supreme Court of the State of New York · 1916