Legal Opinion

Bowling Green Savings Bank v. Todd

New York Court of Appeals

Decided May 6, 1873PublishedCited by 2 opinions

These are cross appeals from an order of the General Term of the Supreme Court in the first judicial department, modifying an order of Special Term, directing Messrs. Cullen & McGowan, plaintiffs attorneys, to pay over to Sheperd F. Knapp, receiver of the plaintiff, certain moneys in their hands, collected herein, or that an attachment issue against them. The action was for the foreclosure of a mortgage.

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These are cross appeals from an order of the General Term of the Supreme Court in the first judicial department, modifying an order of Special Term, directing Messrs. Cullen & McGowan, plaintiffs attorneys, to pay over to Sheperd F. Knapp, receiver of the plaintiff, certain moneys in their hands, collected herein, or that an attachment issue against them. The action was for the foreclosure of a mortgage. After a decree of foreclosure had been obtained said Knapp was appointed receiver of plaintiff. He continued Cullen & McGowan as attorneys, who caused the mortgaged premises to be sold, and…

1Opinion of the CourtPbckham, J.

The attorneys for the bank had a lien upon the papers in the foreclosure suit not only for the costs and charges in that suit, but for any general balance in other professional business. (Hughes v. Mayre, 3 Tr. R., 275 ; Howell v. Harding, 8 East, 362; 4 Wait’s Prac., 246, 247, and cases cited.) This is not a rule peculiar to attorneys, but applies to an ordinary factor. He has a lien upon goods consigned to and received by him for unpaid balances before accrued. (Knapp v. Alvord, 10 Paige, 205; Brier v. Brooks, 26 Wend., 367.)

But I am not aware of any authority allowing an individual member…

2Cases cited4 opinions

  1. Nicoll v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1836
  2. Knapp v. AlvordNew York Court of Chancery · 1843
  3. In re BleakleyNew York Court of Chancery · 1835
  4. Stage v. StevensCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by2 opinions

  1. Zjednoczenie v. SadeckiAppellate Court of Illinois · 1891
  2. Collins v. StateNew York Court of Claims · 1994

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