Legal Opinion

In re RABY

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

Decided May 6, 1898PublishedCited by 1 opinion

Appeal from special term, New York county. In the matter of the application of Mary Baby for an order directing an attorney to pay over an amount alleged to be in his possession and belonging to her, plaintiff appeals.

1Opinion of the CourtVan Brunt, P. J.

This is an application to compel an attorney to pay over money to his client, which it is alleged that he has received. The receipt of the money is admitted, but it is claimed upon the part of the attorney that it has been accounted for. General allegations in regard to such account are indulged in, but nothing in detail is stated; and the attorney might just as well have contented himself with stating that he owed his client nothing as to have made the general allegations contained in his affidavit. All the circumstances attending the transaction are suspicious, and indicate that the…

2Cited by1 opinion

  1. In re ErnstAppellate Division of the Supreme Court of the State of New York · 1900

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