Bailey v. . Murphy
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made February 11, 1889, which affirmed an order of Special Term setting aside a satisfaction of a judgment executed by plaintiff and authorizing plaintiff’s attorney to enforce his lien upon said judgment for his costs and counsel fees as fixed. The court had no right to fix a counsel fee arbitrarily.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made February 11, 1889, which affirmed an order of Special Term setting aside a satisfaction of a judgment executed by plaintiff and authorizing plaintiff’s attorney to enforce his lien upon said judgment for his costs and counsel fees as fixed. The court had no right to fix a counsel fee arbitrarily. (10 Abb. [N. C.] 391; Randall v. Van Waggenen, 115 N. Y. 527; Lee v. V. O. Co., 127 id. 579; Parle v. Belcha, 131 id. 200. The attorney has a lien which attaches to the judgment, which cannot be…
1Opinion of the CourtFinch, J.
The affidavits read on this motion sufficiently show that the settlement made by the plaintiff in the judgment was in fraud of his attorney and injuriously affected his rights. The settlement was made for an amount much smaller than the recovery, accepted by the plaintiff without the knowledge of his attorney and with no provision for his payment, and the former immediately absconded and left the state, and is alleged to be wholly irresponsible. Under such circumstances, the order of the Special Term vacating and setting aside the satisfaction entered of record as against the claim of the…
2Cited by17 opinions
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- Taylor v. St. Louis Transit Co.Supreme Court of Missouri · 1906
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