Robertson v. Clocke
Appellate Division of the Supreme Court of the State of New York
Appeal by the. defendants, George D. W. Clocke and another, .composing the firm of Clocke & Clocke, attorneys, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 10th day of April, 1897, directing them to deliver to James G. Robertson an extension of a mortgage between Ellen A. Wilkinson and. said James G. Robertson, upon being paid their fees', of fifteen dollars for obtaining.…
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Appeal by the. defendants, George D. W. Clocke and another, .composing the firm of Clocke & Clocke, attorneys, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 10th day of April, 1897, directing them to deliver to James G. Robertson an extension of a mortgage between Ellen A. Wilkinson and. said James G. Robertson, upon being paid their fees', of fifteen dollars for obtaining. the- same or be punished for contempt of court. ■ ■ . '
1Opinion of the Court
Bradley, J.:
The applicant Robertson had become the owner of a parcel of land in the town, and county of Westchester, subject to. a mortgage-cf $2,000:, belonging to Ellen - A. Wilkinson, which became due July 14, 1894. He, by his wife, paid the interest on it for six months and up to January 14; 1897, on the nineteenth day of" that month. Arid by his affidavit he states that- he instructed her .to ■obtain an extension of the mortgage and to pay the appellants for it. Her affidavit' is that when ■ she paid the interest she employed, those attorneys to procure an extension of the mortgage for…
2Cases cited3 opinions
- In the Matter of H____, an AttorneyNew York Court of Appeals · 1882
- Olmstead v. LatimerAppellate Division of the Supreme Court of the State of New York · 1896
- Tyler v. HildrethNew York Supreme Court · 1894
3Cited by1 opinion
- In re the Application for the Appointment of a Committee of the Person & Property of LongAppellate Division of the Supreme Court of the State of New York · 1941