Butcher v. Henning
New York Supreme Court
Appeal from special term, Saratoga county. Action by Edward Butcher, Jr., against John L. Henning and another, to recover money paid to defendants as attorneys. From a judgment for defendants, plaintiff appeals. Affirmed.
Read the full summary
Appeal from special term, Saratoga county. Action by Edward Butcher, Jr., against John L. Henning and another, to recover money paid to defendants as attorneys. From a judgment for defendants, plaintiff appeals. Affirmed. This action arose out of a previous suit brought by Bullard & Howe, plaintiff’s assignors, against James H. Kenyon and Ellen M. Kenyon, in which the Kenyons recovered judgment, which was affirmed on appeal to the general term, and a motion for leave to go to the court of appeals was denied. Thereafter Bullard & Howe voluntarily paid to defendants herein, who were attorneys…
1Per curiam
In Langley v. Warner, 3 N. Y. 327, it was held by the court of appeals that where a judgment had been collected, and the money paid to the attorney who prosecuted the suit, an action will not lie against the attorney to recover back the money after a reversal of the judgment, although, by agreement between him and his client, he retained the money in payment of a debt from the latter to him. The facts in the case cited were quite similar to those appearing in the case under consideration. We are not aware that the doctrine established in Langley v. Warner, supra, has ever been doubted or…
2Cases cited4 opinions
- Langley v. . WarnerNew York Court of Appeals · 1850
- Forstman v. . SchultingNew York Court of Appeals · 1888
- Simpson v. HornbeckNew York Supreme Court · 1870
- Grauer v. GrauerNew York Court of Common Pleas · 1892
3Cited by4 opinions
- Pendergast v. MunsSouth Dakota Supreme Court · 1931
- Shotwell v. DixonAppellate Division of the Supreme Court of the State of New York · 1901
- In re WhiteAppellate Division of the Supreme Court of the State of New York · 1903
- In re WhiteAppellate Division of the Supreme Court of the State of New York · 1903