Sargent v. McLeod
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Donald McLeod and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 10th day of June, 1912, upon the decision of the court rendered after a trial at the Onondaga Special Term.
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Appeal by the defendants, Donald McLeod and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 10th day of June, 1912, upon the decision of the court rendered after a trial at the Onondaga Special Term. Defendant McLeod, while acting as a locomotive fireman in the employ of the defendant railroad company, was seriously injured in the railroad company’s yards at East Syracuse, N. Y., while in the discharge of his duties, under circumstances which he claimed gave rise to a cause of action in his favor…
1Opinion of the Court
Foote, J.:
It has been adjudged in this case that plaintiff’s intestate, Frank 0. Sargent, acquired an attorney’s lien upon the cause of action of defendant McLeod against the defendant railroad company, which lien did not cease, ipso facto, upon Sargent’s death, but attached to the $5,000 paid by the railroad company in settlement of the cause of action to the extent of one-third thereof, and judgment has been awarded foreclosing such lien against both defendants to the amount of $1,666.66, with interest, execution to issue first against the defendant McLeod, and upon return thereof…
2Cases cited4 opinions
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Coe v. SmithIndiana Supreme Court · 1853
- Badger v. CellerAppellate Division of the Supreme Court of the State of New York · 1899
- Dodge v. SchellU.S. Circuit Court for the District of Southern New York · 1882
3Cited by1 opinion
- Ward v. DonovanAppellate Division of the Supreme Court of the State of New York · 1922