Legal Opinion

Leopold v. City of New York

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

Decided March 21, 1919PublishedCited by 3 opinions

Appeal by John C. Wait from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of November, 1918, granting a petition by a client in summary proceedings to compel the appellant, his attorney, to pay over to said client certain moneys which he had collected.

1Opinion of the Court

Shearn, J.:

Prior to December 29, 1911, the firm of Wait & Foster, of which the appellant attorney was then a member, was prosecuting an action brought by Bartholmew Dunn, as executor of Thomas J. Dunn, deceased, against the city, and had rendered services and incurred disbursements therein. The cause of action was sold to the petitioner Charles Leopold, who, through his attorney, Abraham Wielar, employed John C. Wait individually on December 29, 1911, as his attorney to continue for his benefit the said action, the firm of Wait & *874Foster having dissolved, and Wait being the receiver of its…

2Cases cited4 opinions

  1. Williams v. . IngersollNew York Court of Appeals · 1882
  2. Leask v. HoaglandNew York Supreme Court · 1909
  3. Sullivan v. MayorNew York Supreme Court · 1893
  4. Dunn v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1918

3Cited by3 opinions

  1. In re the Executors of the Estate of BeckettNew York Surrogate's Court · 1920
  2. Pomona Entererprises, Ltd. v. MellenAppellate Division of the Supreme Court of the State of New York · 1968
  3. United States Fidelity & Guaranty Co. v. WilliamsonAppellate Division of the Supreme Court of the State of New York · 1964

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