Wagener v. Finch & Angel
New York Supreme Court
1HIS is an appeal from a judgment on the report of a referee. 1 The action was brought to recover, moneys received by the defendants as attorneys for the plaintiff, and which they claimed the right to retain for services rendered in the prosecution of two actions in this court, in which one Stanley Martin was plaintiff and George S. Martin and Russel Martin were defendants.
Read the full summary
1HIS is an appeal from a judgment on the report of a referee. 1 The action was brought to recover, moneys received by the defendants as attorneys for the plaintiff, and which they claimed the right to retain for services rendered in the prosecution of two actions in this court, in which one Stanley Martin was plaintiff and George S. Martin and Russel Martin were defendants. The present plaintiff was the party in interest in those suits, the causes of action having been assigned to her. And the defendants set np as a defence, to this action, an order made in supplementary proceedings against…
1Opinion of the Court
By the Court, E. Dabwiw Smith, J.
This case comes before us on a bill of exceptions, with the report of the referee.
On the trial it appeared that the plaintiff offered evidence tending to show that pending the proceedings before the referee,- instituted by the receiver upon the supplemental proceedings to reach the moneys in the hands of the sheriff of Cattaraugus, the plaintiff was advised by her attorney, one of the defendants, not to object, as he was going to put in as large.a bill as he could, on the hearing before Morris, the referee, described in his answer, and that she must not object…
2Cited by1 opinion
- Barker v. Cairo & Fulton RailroadNew York Supreme Court · 1874