Legal Opinion

In Re Niagara, Lockport & Ontario Power Co.

New York Court of Appeals

Decided December 19, 1911PublishedCited by 14 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 1, 1911, which unanimously affirmed an order of Special Term directing John Pallace, Jr., an attorney, to deliver to the petitioner certain documents, on execution by. the latter of an undertaking in the sum of $20,000 conditioned to pay to the appellant “such sum as shall eventually be determined to be now justly due * * "* by this petitioner on account of…

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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 1, 1911, which unanimously affirmed an order of Special Term directing John Pallace, Jr., an attorney, to deliver to the petitioner certain documents, on execution by. the latter of an undertaking in the sum of $20,000 conditioned to pay to the appellant “such sum as shall eventually be determined to be now justly due * * "* by this petitioner on account of legal services performed or alleged by him to have been performed.” The order was made in a summary proceeding…

1Opinion of the CourtHiscock, J.

The respondent petitioner instituted this summary proceeding for the purpose of compelling the appellant, an attorney, to deliver to it certain documents to which it claims to be entitled and which he claims to hold under an attorney’s lien for compensation for services. Thus far it has succeeded in its application, an order having been made requiring the appellant to deliver to it the papers in question on execution of a bond conditioned for the payment of any compensation which ultimately may be determined to be due from respondent. We think, however, that the position assumed by the…

2Cases cited5 opinions

  1. In the Matter of the Application of KnappNew York Court of Appeals · 1881
  2. In the Matter of H____, an AttorneyNew York Court of Appeals · 1882
  3. Schell v. Mayor of New YorkNew York Court of Appeals · 1891
  4. Matter of HollinsNew York Court of Appeals · 1910
  5. In re SchellNew York Supreme Court · 1890

3Cited by14 opinions

  1. Dunn v. Hudson River Electric Co.New York Court of Appeals · 1912
  2. Everett, Clarke & Benedict v. Alpha Portland Cement Co.Court of Appeals for the Second Circuit · 1915
  3. In Re WoodworthDistrict Court, S.D. New York · 1936
  4. Cox v. ScottAppellate Division of the Supreme Court of the State of New York · 1960
  5. In re the Estate of FrameNew York Surrogate's Court · 1936

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