In re Edward Ney Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by Rudolph Loreck, an attorney, 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 7th day of May, 1906, referring “ this proceeding and all the issues therein ” to a referee “ to hear and determine. * * * And if an accounting be necessary, the said referee shall proceed to take and state the same, and may compel the production of the necessary books and papers as fully as the…
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Appeal by Rudolph Loreck, an attorney, 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 7th day of May, 1906, referring “ this proceeding and all the issues therein ” to a referee “ to hear and determine. * * * And if an accounting be necessary, the said referee shall proceed to take and state the same, and may compel the production of the necessary books and papers as fully as the court might do.”
1Opinion of the Court
Laughlin, J.:
According to the points filed by the respondent this proceeding was instituted against the appellant not merely for the purpose of obtaining certain papers belonging to the respondent in the possession of the appellant, as its attorney, but to require the appellant to account for the sum of $11,000, which it is claimed he received from the respondent under an agreement by which he was to “ attend to the financial end of their business,” and collect and disburse its moneys with a view to tiding it over impending financial embarrassment, in which undertaking it is claimed he…
2Cases cited3 opinions
- In the Matter of H____, an AttorneyNew York Court of Appeals · 1882
- Maxwell v. CottleNew York Supreme Court · 1893
- In re SweeneyAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by6 opinions
- Cartier v. WilliamAppellate Division of the Supreme Court of the State of New York · 1907
- In re the Voluntary Dissolution of Seamerlin Operating Co.New York Court of Appeals · 1954
- In re MalcomAppellate Division of the Supreme Court of the State of New York · 1908
- People ex rel. White v. FeenaughtyNew York Supreme Court · 1906
- In re GinsburgNew York Supreme Court · 1944
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