Schoenherr v. . Van Meter
New York Court of Appeals
Appeal from, a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 30, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from, a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 30, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff, as attorney, has a lien on the proceeds of the settlement between Wischerth and the corporation, and may enforce the same by a plenary suit in equity against the corporation. (Meighan v. American Grass Twine Co., 154 Fed. Rep. 346; Matter of…
1Opinion of the CourtCardozo, J.
The plaintiff is a member of the bar. He brings this action to impress a lien on property of the Brooklyn Consolidated Drug Company, recovered through his services. One Wischerth, the treasurer and general manager, had misappropriated the property of the corporation and owed it upwards of $26,000. The plaintiff was retained by a director to compel the delinquent officer to account. The director refused to be personally liable for the' fees. He agreed, however, that the plaintiff should have a. lien on the cause of action and on any property recovered. This agreement was found by the trial…
2Cases cited12 opinions
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- New v. . NicollNew York Court of Appeals · 1878
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