Mitchell v. Piqua Club Ass'n
New York Supreme Court
Motion to cancel certain satisfactions of judgments executed by the attorneys of record after a substitution of. attdrneys,. and by the: judgment creditor. While. in the employ of a "firm of attorneys, Mr. Baker . procured six judgments' in -their name as attorneys of -¡record against the defendant association.
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Motion to cancel certain satisfactions of judgments executed by the attorneys of record after a substitution of. attdrneys,. and by the: judgment creditor. While. in the employ of a "firm of attorneys, Mr. Baker . procured six judgments' in -their name as attorneys of -¡record against the defendant association. Subsequently,' on lpaving ■■ their employ, he procured an order substituting himself as attorney for the judgment creditors-■ and took two appeals to •the General Term on - behalf of such creditors. He was also retained by- one Bushe, -who had procured' six judgments against the…
1Opinion of the CourtBeekman, J.
It seems to me quite plain that the attorneys of record, who assumed to collect the judgments and to execute satisfaction pieces therefor, had no authority to do so. After the judgments were recovered, there was a consent given by them for the substitution of Mr. Baker as attorney for the judgment creditors, upon which an order to that effect was entered. I assume that these consents were also signed by the judgment creditors themselves, in accordance with the practice in such cases. While it may be doubted whether any order of substitution was necessary, in view of the fact that the relation…
2Cases cited1 opinion
- Commercial Telegram Co. v. SmithNew York Supreme Court · 1890
3Cited by1 opinion
- Dowling v. StephanNew York Supreme Court · 1954