Legal Opinion

In re Mott

New York Supreme Court

Decided May 15, 1885Published

Appeal from an order made at a Special Term denying a motion made, by the petitioner for an order compelling the respondent to ,pay over certain moneys belonging to her.

1Opinion of the Court

Learned, P. J.:

We think that the learned justice at Special Term took the proper view of this motion. We are not prepared to decide whether proceedings of this character can be taken against an .attorney to recover money which he has simply received for the purpose of investment. However this may be, in the present case Mrs. Mott, prior to taking these proceedings, had commenced an ■action against Mr. Cook to recover this money, and in that action ■she had caused him to be arrested. The action is still pending.

Now it is a most reasonable rule that a man shall not be harassed by two actions or…

2Cases cited2 opinions

  1. Groshon v. LyonNew York Supreme Court · 1853
  2. Phillips v. . WheelerNew York Court of Appeals · 1876

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