Voorhees v. . McCartney
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the seventh judicial district, affirming an order made at a Special Term. The order directed that Bobei’t L. Dorr, plaintiff’s attorney, pay to the defendant in this action his taxed bill of costs on the hearing of the motion before a referee, to whom it was referred to take the proofs of the facts.
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Appeal from an order of the General Term of the Supreme Court in the seventh judicial district, affirming an order made at a Special Term. The order directed that Bobei’t L. Dorr, plaintiff’s attorney, pay to the defendant in this action his taxed bill of costs on the hearing of the motion before a referee, to whom it was referred to take the proofs of the facts. It appeared that one Israel Canfield, in May, 1863, being then a resident of this State, and about to remove therefrom, and having, as he claimed, a cause of action against the defendant, consulted Dorr' in regard to it; and was…
1Opinion of the Court
Gray, C.
This ease is not distinguishable in principle from that of Bliss v. Otis (1 Denio, 656, 657). In that ease, as in this, the attorney by whom the action was brought was held liable for the defendant’s costs, and the evidence of his liability was that one of the plaintiffs, in whose name he brought the action, was a non-resident and the other insolvent; and upon the copy of the declaration served upon the defendant he indorsed a notice that he was the assignee of the claim sued upon, and alone authorized to compromise and settle it. In the present case the plaintiff upon the record was…
2Cases cited2 opinions
- Giles v. . HalbertNew York Court of Appeals · 1854
- Bliss v. OtisCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by2 opinions
- Merceron v. FowlerThe Superior Court of New York City · 1880
- Wheaton v. NewcombeThe Superior Court of New York City · 1886