In re Foster
New York Supreme Court
Appeal from special term, Hew York county. Petition and notice of motion against George H. Poster, an attorney, by William M. Burgin and five others, to recover the possession of certain warrants of the United States treasurer in favor of each of the petitioners, on judgments recovered in their favor by defendant.
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Appeal from special term, Hew York county. Petition and notice of motion against George H. Poster, an attorney, by William M. Burgin and five others, to recover the possession of certain warrants of the United States treasurer in favor of each of the petitioners, on judgments recovered in their favor by defendant. The claims on which the judgments were obtained were for war premiums paid by S. & W. Welsh, of Philadelphia, between 1861 and 1865, for each of said petitioners, for whom S. & W. Welsh were acting as commission merchants; the policies being taken out by S. & W. Welsh in their own…
1Opinion of the CourtVan Brunt, P. J.
There is no claim presented upon the part of the moving* parties herein that the attorney proceeded against has in.any way acted in bad faith or from any improper motives. It is conceded that whatever he has done has been done for the protection of rights which he has honestly be*620lieved he should protect. While concurring with the opinion of Mr. Justice Daniels, that these proceedings on behalf of different and distinct claimants cannot be united, no authority has been cited which seems to us to justify the court in assuming, under the.facts developed in this case, the summary jurisdiction…
Also in this document: Concurrence.
2Cases cited3 opinions
- In the Matter of the Application of KnappNew York Court of Appeals · 1881
- Bowling Green Savings Bank v. . ToddNew York Court of Appeals · 1873
- In re FinckeNew York Court of Common Pleas · 1875
3Cited by1 opinion
- In re WolfNew York Supreme Court · 1889