Sargent v. . McLeod
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 9, 1913, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 9, 1913, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The death of Sargent terminated the contractual relation which prior thereto had existed between him and McLeod and the latter then had the right to settle and owed no obligation to Sargent’s administratrix. (Badger v. Celler, 41 App. Div. 599; Roake v. Palmer, 119 App. Div.…
1Opinion of the CourtCollin, J.
The action is for the determination and foreclosure of an alleged lien had under section 475 of the Judiciary Law (Laws of 1909, chap. 35; Cons. Laws, ch. 30) by the intestate, Frank C. Sargent, an attorney, upon a cause of action in favor of his client, Donald McLeod, against the New York Central and Hudson Eiver Eailroad Company.
Section 475 is: “From the commencement of an action or special proceeding, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client’s cause of action, claim or counterclaim, which attaches to a verdict,…
2Cases cited10 opinions
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- Dunn v. Hudson River Electric Co.New York Court of Appeals · 1912
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Peri v. New York Central & Hudson River RailroadNew York Court of Appeals · 1897
- Spalding v. . RosaNew York Court of Appeals · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- In Re the Estate of MontgomeryNew York Court of Appeals · 1936
- Roe v. Sears, Roebuck & Co.Court of Appeals for the Seventh Circuit · 1943
- Schneider, Kleinick, Weitz, Damashek & Shoot v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
- Woodbury v. Andrew Jergens Co.Court of Appeals for the Second Circuit · 1934
- Dwyer v. NicholsonAppellate Division of the Supreme Court of the State of New York · 1993
38 more not listed; retrieve them via the Exa API.