Hoffman v. Van Nostrand
New York Supreme Court
Motion for a substitution of attorney. The plaintiff, Joseph Hoffman, assignee of one Willcox, brought this action against James Van Nostrand and. eight others, the surviving trustees of the Merchants’ Exchange Bank, for an accounting and for the delivery of to him of forty shares of stock in the Firemen’s Insurance Company. The action was 'referred to Hamilton W. Robinson, Escp, who reported in favor of the defendants. The plaintiff-appealed.
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Motion for a substitution of attorney. The plaintiff, Joseph Hoffman, assignee of one Willcox, brought this action against James Van Nostrand and. eight others, the surviving trustees of the Merchants’ Exchange Bank, for an accounting and for the delivery of to him of forty shares of stock in the Firemen’s Insurance Company. The action was 'referred to Hamilton W. Robinson, Escp, who reported in favor of the defendants. The plaintiff-appealed. The costs of the plaintiff’s attorney not having been paid, he, after notice to the parties interested, suffered the judgment to be affirmed by…
1Opinion of the CourtClerke, J.
party in an action has no right to change his attorney without the leave of the court. (Macpherson a. Robinson, 1 Dougl., 217; Fourt a. Daysell, 13 Ves., Jr., 196; Mumford a. Murray, Hopk., 369.) The court undoubtedly will grant this leave at the request of the party; but in doing so it will -consult the rights of the attorney, and will not allow the change until the just claims of the latter are discharged or secured. But it is contended in the present case that the attorney undertook the management of the suit without looking to the plaintiff for his compensation, depending solely upon a…
2Cited by3 opinions
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