Gurley v. Gruenstein
New York Supreme Court
Petition by the plaintiff’s attorney to be permitted to issue execution on the judgment herein against the defendant an order to enforce his alleged lien thereon for one half ¡thereof.
1Opinion of the Court
Gaynor, J.:
The plaintiff recovered a judgment herein on July 8th, 1887, for $1,514.70. On June 4th, 1897, the parties settled by the payment of $100 to the plaintiff by the defendant in full of the judgment. At that time the defendant was insolvent. The plaintiff’s attorney (the petitioner) had nothing to do with this settlement. He had an agreement for one half of whatever should be recovered in the action. He has been paid nothing by the plaintiff. There is no claim that the plaintiff is insolvent and unable to pay the attorney.
The plaintiff had the absolute right to settle the judgment…
2Cases cited5 opinions
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- Fenwick v. MitchellNew York Supreme Court · 1901
- Zimmer v. Metropolitan Street Railway Co.New York Supreme Court · 1900
- Morehouse v. Brooklyn Heights River RailroadNew York Supreme Court · 1904
- Pomeranz v. MarcusNew York Supreme Court · 1903
3Cited by1 opinion
- Bloch v. BlochAppellate Division of the Supreme Court of the State of New York · 1909