Shotwell v. Dixon
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Samuel H. Shotwell, from an order of the Supreme Court, made at the Fulton Special Term and entered in the office of the clerk of the county of Fultpn on the 7th day of June, 1901, denying the plaintiff’s motion to compel the attorneys for certain defendants in the action to refund to the plaintiff money illegally collected by them under an execution.
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Appeal by the plaintiff, Samuel H. Shotwell, from an order of the Supreme Court, made at the Fulton Special Term and entered in the office of the clerk of the county of Fultpn on the 7th day of June, 1901, denying the plaintiff’s motion to compel the attorneys for certain defendants in the action to refund to the plaintiff money illegally collected by them under an execution. This action was brought by the plaintiff, who had recovered a judgment for $977.30 against Dixon and Wilkins, to have adjudged fraudulent certain transfers made by them previous to their general assignment. The plaintiff…
1Opinion of the Court
Edwards, J.:
I think the court erred in denying the plaintiff’s motion to compel the attorneys to restore to the plaintiff the allowance of costs collected by them in excess of the sum to which, under the order of this court, they were entitled. While I do not doubt that the money was collected by them in good faith, through a misinterpretation of the order of this court, the absence of any wrongful purpose on their part cannot relieve them from their duty to make restitution. The order modifying the order of the Special Term by reducing the allowance to five per cent on the pilaintiff’s…
2Cases cited2 opinions
- Langley v. . WarnerNew York Court of Appeals · 1850
- Butcher v. HenningNew York Supreme Court · 1895
3Cited by5 opinions
- State v. CareySupreme Court of Minnesota · 1922
- State v. DonnellSupreme Judicial Court of Maine · 1928
- Brott v. DavidsonAppellate Division of the Supreme Court of the State of New York · 1903
- Brott v. DavidsonAppellate Division of the Supreme Court of the State of New York · 1903
- In re Clarendon RoadNew York Supreme Court · 1937