Legal Opinion

Smith v. First National Bank

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

Decided November 13, 1918PublishedCited by 3 opinions

Appeal by Henry Patton, individually and as administrator, from an order of the Supreme Court made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 2d day of May, 1918, establishing an attorney’s lien in favor of the respondent to certain moneys in the First National Bank of Albany, New York, and directing execution therefor.

1Opinion of the Court

John M. Kellogg, P. J.:

The plaintiff recovered judgment in this action July 22, 1913, that he was the joint equitable owner, but not the legal owner, of a half interest in the Gaspereaux property, the proceeds of which were in the defendant bank, and that his share of said proceeds was $22,683.87 and that the bank pay the same to him and apply the remainder of said moneys upon certain notes.- The respondent Donovan was the attorney for the plaintiff in said action. The judgment was affirmed July 1, 1914, in this court (164 App. Div. 905) and in the Court of Appeals April 17,1917 (220 N. Y.…

2Cited by3 opinions

  1. Cregg v. BrownAppellate Division of the Supreme Court of the State of New York · 1942
  2. In re PetersAppellate Division of the Supreme Court of the State of New York · 1946
  3. White v. ZeffMichigan Court of Appeals · 1981

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