Clinton v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Eugene Clinton, as recéiver, etc., from an order of the" Supreme Court, made at the Oswego Special Term and entered in the office of the clerk of the county of Madison on the ,21st day of August, 1911, vacating and setting aside a judgment for $324.77 in favor of the plaintiff, entered in said clerk’s office on the 2d day of December, 1910, and directing that the issues be brought to trial and tried in the manner prescribed for the trials of actions…
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Appeal by the plaintiff, Eugene Clinton, as recéiver, etc., from an order of the" Supreme Court, made at the Oswego Special Term and entered in the office of the clerk of the county of Madison on the ,21st day of August, 1911, vacating and setting aside a judgment for $324.77 in favor of the plaintiff, entered in said clerk’s office on the 2d day of December, 1910, and directing that the issues be brought to trial and tried in the manner prescribed for the trials of actions at law, “and that neither party shall be prejudiced in reference thereto by reason of of the prior proceedings herein.”…
1Opinion of the Court
Sewell, J.:
We are of the opinion that no express authority from the defendant to assent to the findings or judgment was necessary.
It has long been settled that the authority of an attorney extends to the management of the cause in all the exigencies which arise during its progress, and that, in the absence of frauds his authority cannot be questioned by his client because of the want of specific authority to do the act done or consented to. (Denton v. Noyes, 6 Johns. 296; Gaillard v. Smart, 6 Cow. 385; Palen v. Starr, 1 Hun, 422; Cox v. N. Y. C. & H. R. R. R. Co., 63 N. Y. 419.)
' We are also…
2Cases cited3 opinions
- Denton v. NoyesNew York Supreme Court · 1810
- Gaillard v. SmartNew York Supreme Court · 1826
- Cox v. New York CentralNew York Court of Appeals · 1875
3Cited by6 opinions
- In re the Estate of CusimanoNew York Surrogate's Court · 1940
- In re the Estate of LockeAppellate Division of the Supreme Court of the State of New York · 1964
- Peguero v. GrantCivil Court of the City of New York · 1977
- Speights v. Motor Vehicle Accident Indemnification Corp.Civil Court of the City of New York · 1973
- Giannakoulopoulos v. KoukoumelisNew York Supreme Court · 1995
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