In re the Application of McGuinness
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Annie McGuinness, from so much of an order of the Supreme Court, made -at the Hew York Special Term and entered in the office of the clerk of the county of Hew York- on the 2d day of April, 1901, as limits her recovery to $166.67, with interest from the 17th day of July, 1900, instead of the sum of . $333.33, with interest from the 20th day of.
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Appeal by the petitioner, Annie McGuinness, from so much of an order of the Supreme Court, made -at the Hew York Special Term and entered in the office of the clerk of the county of Hew York- on the 2d day of April, 1901, as limits her recovery to $166.67, with interest from the 17th day of July, 1900, instead of the sum of . $333.33, with interest from the 20th day of. May, 1893. This is a summary proceeding to compel attorneys to pay over moneys retained in excess of the fees to which they were entitled.' It appears that through the intervention of Ernest M. Welch, who was employed in the…
1Per curiam
Without dissenting from the conclusion reached by the learned judge at Special Term, “that the respondents acted with entire honesty in their dealings with the petitioner,” we do not concur in his view that they were responsible only for the amount they retained of the $500, and should not be answerable for the portion thereof which they paid to Welch.
It is conceded that the infant was entitled to two-thirds of the $500; and the legal obligation resting upon the respondents, after they received the money, to pay it to her or her guardian, was not discharged by the payment to Welch. Were the…
2Cited by2 opinions
- In re ShanleyNew York Supreme Court · 1907
- Model Building & Loan Ass'n v. ReevesAppellate Division of the Supreme Court of the State of New York · 1922