Legal Opinion

Oishei v. Pennsylvania Railroad

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

Decided February 15, 1905PublishedCited by 11 opinions

Appeal by the defendant, the Pennsylvania Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 6th day of May, 1904, upon the decision of the court rendered after a trial at the New York Special Term.

1Opinion of the Court

Laughlin, J.:

The 'defendant Bruno, through the respondent as his attorney of record, brought an action to recover damages for personal injuries, which, he subsequently settled for $500 without the knowledge or consent of his attorney, who brings this action to foreclose his lien upon the fund for services. The material, facts are not controverted. After the commencement of the action for personal injuries *474the appellant, without the knowledge or consent of the respondent, settled the- claim and cause of action with' the client and' took a general release: After this settlement the' appellant,,…

2Cases cited2 opinions

  1. Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
  2. Steinbach v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1902

3Cited by11 opinions

  1. Oishei v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1907
  2. Oishei v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
  3. Morgan v. OnassisNew York Court of Appeals · 1958
  4. United States v. BosurgiCourt of Appeals for the Second Circuit · 1984
  5. United States v. BosurgiCourt of Appeals for the Second Circuit · 1984

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