Leonard v. . Mulry
New York Court of Appeals
Appeal from order of the General Term of the Oourt of Common Pleas, in and for the city and county of New York, made March 8, 1883, which affirmed an order of Special Term, setting aside the report of a referee herein and vacating the judgment entered thereon, and granted a new trial. The referee made and signed his report in favor of plaintiff, and notified the latter’s attorney of the fact and of the amount of his fees.
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Appeal from order of the General Term of the Oourt of Common Pleas, in and for the city and county of New York, made March 8, 1883, which affirmed an order of Special Term, setting aside the report of a referee herein and vacating the judgment entered thereon, and granted a new trial. The referee made and signed his report in favor of plaintiff, and notified the latter’s attorney of the fact and of the amount of his fees. The plaintiff was not able to pay the whole of that amount in cash, and proposed to the referee that the report should be delivered on his paying $300, and securing the…
1Opinion of the CourtDanforth, J.
At the time of the arrangement between the prevailing party and the referee, the duties of the latter had not ended nor were the rights of the litigants finally determined. The defeated party intended to appeal from the decision, and of this intention his adversary and the referee were both notified before the execution of the agreement between them. The possible success of that appeal was in their minds, and so the agreement establishes a lien in favor of the referee, not only upon the judgment to follow his report, but upon the cause of action itself, and provides for the payment of his…
2Cases cited2 opinions
- Matter of RyersNew York Court of Appeals · 1878
- Gray v. FiskNew York Court of Appeals · 1873
3Cited by14 opinions
- Matter of City of RochesterNew York Court of Appeals · 1913
- Scott v. Brooklyn HospitalAppellate Division of the Supreme Court of the State of New York · 1983
- Reynolds v. MooreAppellate Division of the Supreme Court of the State of New York · 1896
- McCormick v. WalkerAppellate Division of the Supreme Court of the State of New York · 1913
- In re the Estate of EbbetsNew York Surrogate's Court · 1935
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