Morehouse v. Brooklyn Heights River Railroad
New York Supreme Court
Suit to foreclose an attorney’s lien. The defendant Nathan brought an action for damages against the defendant railroad company. This plaintiff was his attorney, and they had an agreement that the attorney was to receive for his services one half of whatever sum might be obtained by recovery or by a settlement. Nathan settled the case with the company after it was placed on the calendar for trial for $2,000, and that sum was paid to him.
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Suit to foreclose an attorney’s lien. The defendant Nathan brought an action for damages against the defendant railroad company. This plaintiff was his attorney, and they had an agreement that the attorney was to receive for his services one half of whatever sum might be obtained by recovery or by a settlement. Nathan settled the case with the company after it was placed on the calendar for trial for $2,000, and that sum was paid to him. His attorney, this plaintiff, was not consulted and knew nothing of the settlement. Nathan did not pay this plaintiff anything, has spent the money, and is…
1Opinion of the Court
GayuoPu, J.:
An attorney for the plaintiff formerly had a lien on the judgment only, but now he is given by statute a lien on the cause of action itself (Code Civ. Pro. § 66). But his lien whether on the cause of action or on the judgment is necessarily subject to his client’s right to settle. The right of a client to settle always was, and it is, absolute. He cannot be compelled to go on with the action by his attorney; and if he obtain a judgment and the judgment debtor be insolvent, or if there be an appeal, he has the right to settle. He can no more be compelled by his attorney to take the…
2Cases cited2 opinions
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- Fenwick v. MitchellNew York Supreme Court · 1901
3Cited by3 opinions
- Gurley v. GruensteinNew York Supreme Court · 1904
- Levy v. HirschbergCity of New York Municipal Court · 1914
- Morehouse v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1905