Keeler v. Keeler
New York Supreme Court
Appeal from Albany county court. Action by Daniel Keeler against .Mary Keeler. The plaintiff, by Doyle & Kitts, his attorneys, commenced this action in favor of the plaintiff to recover for services rendered the defendant. The attorneys made an agreement with the plaintiff that for their services they should have one-half of the recovery and all the taxable costs.
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Appeal from Albany county court. Action by Daniel Keeler against .Mary Keeler. The plaintiff, by Doyle & Kitts, his attorneys, commenced this action in favor of the plaintiff to recover for services rendered the defendant. The attorneys made an agreement with the plaintiff that for their services they should have one-half of the recovery and all the taxable costs. After they served the complaint, and before answer, the parties, without notice to plaintiff’s attorneys, settled the cause of action for $300, which sum the defendant paid the plaintiff. The defendant had no notice of the agreement…
1Opinion of the CourtLandon, J.
Section 66 of the Code of Civil Procedure is explicit in regard to the lien of an attorney upon his client’s cause of action for his services. The amount of it “is governed by agreement, express or implied, which is not restrained by law.” It attaches upon the service of the first pleading, “and cannot be affected by any settlement between the parties before or after judgment.” Ho notice of the lien need be given to the adverse party. The statute makes the lien complete. Payment in settlement of the cause of action to the party himself, without notice to the lienor, and without affording him…
2Cases cited2 opinions
- Albert Palmer Co. v. Van OrdenThe Superior Court of New York City · 1882
- Custer v. . Greenpoint Ferry CompanyNew York Court of Appeals · 1885
3Cited by9 opinions
- Taylor v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Astrand v. Brooklyn Heights RailroadNew York Supreme Court · 1898
- Dienst v. McCaffreyNew York Court of Common Pleas · 1895
- Washburn v. MottNew York Circuit Court · 1890
- Astrand v. Brooklyn Heights RailroadNew York Supreme Court · 1898
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