Hirshfeld v. Bopp
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Robert A. Clirehugh, and by the plaintiff, Jacob Hirshfeld, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of March, 1896, denying the application of said Clirehugh and Hirshfeld to have Frederick W. Hinrichs substituted as attorney for the plaintiff in this action in place of Moses Weinman, upon payment of Weinman’s fees, or, in the alternative, to…
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Appeal by the petitioner, Robert A. Clirehugh, and by the plaintiff, Jacob Hirshfeld, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of March, 1896, denying the application of said Clirehugh and Hirshfeld to have Frederick W. Hinrichs substituted as attorney for the plaintiff in this action in place of Moses Weinman, upon payment of Weinman’s fees, or, in the alternative, to have himself, Clirehugh, substituted as plaintiff in place of Hirshfeld. In May, 1890, the Madison Square Bank of the…
1Opinion of the Court
Barrett, J.:
The appellants rest their case upon two propositions: First, that a party has, ordinarily, a right to change his attorney at pleasure upon payment of the attorney’s reasonable charges; second, that where an action in equity, like the present, is brought by an individual plaintiff, upon his own behalf and upon behalf of all others similarly situated, such individual plaintiff may discontinue the action at any time before judgment. The appellant Clirehugh frankly intimates that it may be his purpose, upon securing a change of attorney, to discontinue the present action, and thus…
2Cited by5 opinions
- Walsh v. WalshAppellate Division of the Supreme Court of the State of New York · 1898
- Hirshfeld v. BoppAppellate Division of the Supreme Court of the State of New York · 1898
- Glenmark, Inc. v. CarityAppellate Division of the Supreme Court of the State of New York · 1964
- Walsh v. WalshAppellate Division of the Supreme Court of the State of New York · 1898
- People v. Bank of Staten IslandAppellate Division of the Supreme Court of the State of New York · 1906