Legal Opinion

Bowling Green Savings Bank v. Todd

New York Supreme Court

Decided November 4, 1872PublishedCited by 6 opinions

APPEAL from an order made at a Special Term, by which it was ordered that Henry J. Cullen, Jr., and John T. McGowan, Esqs., copartners composing the law firm of Cullen & McGowan, attorneys for the plaintiff in the above entitled action, pay over to Shepherd F. Knapp, receiver of said plaintiff, the sum of $1,118.08, with interest and costs of motion, within ten days from the service of the order, or that a non-bailable attachment issue against them.

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APPEAL from an order made at a Special Term, by which it was ordered that Henry J. Cullen, Jr., and John T. McGowan, Esqs., copartners composing the law firm of Cullen & McGowan, attorneys for the plaintiff in the above entitled action, pay over to Shepherd F. Knapp, receiver of said plaintiff, the sum of $1,118.08, with interest and costs of motion, within ten days from the service of the order, or that a non-bailable attachment issue against them. This order was made under the following circumstances: Cullen & McGowan were retained by the plaintiff to foreclose a mortgage belonging to it,…

1Opinion of the Court

By the Court, Ingraham, P. J.

The Bowling Green Savings Bank employed Mr. McGowan as attorney and counsel, to do business for the bank, and an account for $1,400.31, is claimed as due to him therefor. A similar account, for like services, is claimed to be due to Cullen & McGowan. The bank employed the firm to foreclose a mortgage, and this action was commenced by them, therefor, and judgment of foreclosure ordered, ¡November 8, 1871. On the 20th of November, 1871, the bank being insolvent, a receiver was appointed. After the receiver had qualified, Cullen & McGowan received the amount of…

2Cases cited2 opinions

  1. Adler v. FentonSupreme Court of the United States · 1861
  2. St. John v. DiefendorfNew York Supreme Court · 1824

3Cited by6 opinions

  1. In re WilsonDistrict Court, S.D. New York · 1882
  2. Hooley v. GieveNew York Court of Common Pleas · 1878
  3. Okyle v. Highbridge Family Laundry Service, Inc.New York Supreme Court · 1942
  4. Progressive Merchants Co. v. Elkat Realty Co.New York Supreme Court · 1930
  5. Howitt v. MerrillNew York Court of Appeals · 1889

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