In re Ross
Appellate Division of the Supreme Court of the State of New York
Appeal by Henry A. Gehrhardt, Jr., as administrator, etc., from an order of the Supreme- Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 13th day of May, 1907, granting' the petitioner’s. motion to enforce an attorney’s lien and appointing a referee to determine the amount thereof.
1Opinion of the Court
Miller, J.:
' This is a proceeding instituted by petition, pursuant to section 66 of the Code of Civil Procedure, to have the lien of an attorney on moneys collected by him determined and enforced. The appellant contends that the petitioner has no lien for the reason that the moneys were, recovered for an administrator of an estate, and hence that the administrator and not the estate is bound.
The rule that the contracts of executors or administrators. bind them personally, and not their estate, has no application to this case. The petitioner claims to have recovered for the estate of the…
2Cases cited2 opinions
- In the Matter of the Application of KnappNew York Court of Appeals · 1881
- In re KelloggAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by3 opinions
- In Re Agee's EstateUtah Supreme Court · 1927
- In re WoodAppellate Division of the Supreme Court of the State of New York · 1915
- In re WoodNew York Surrogate's Court · 1915