Taylor v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by James C. Bushby from so much of an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 25th day of November, 1898, as orders and directs the said James C. Bushby to pay to Ezra A. Tuttle the sum of eighty-three dollars and forty-eight cents.
1Opinion of the Court
Per Curiam :
■ The rule is so well established in this State that “ summary proceedings of this character are riot sustained, except upon clear proof that.the relation of attorney at law and client existed, and that an attorney at law had received the money or the property of a client while acting in this professional capacity, and had failed to account for it to the client” (Matter of Hillebrandt, 33 App. Div. 191. See, also, Matter of Haskin, 18 Hun, 42; Matter of Sardy, 4Y N. Y. St. Repr. 308), that it does not seem to be necessary to enter into any extended discussion of this matter. The…
2Cases cited3 opinions
- Stout v. . SmithNew York Court of Appeals · 1885
- In re SchellNew York Supreme Court · 1890
- In re HillebrandtAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by8 opinions
- Pilkington v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Minnesota Phonograph Co.Appellate Division of the Supreme Court of the State of New York · 1911
- In re Dailey, Bell & CraneAppellate Division of the Supreme Court of the State of New York · 1901
- In re Sigmund Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1912
- In re Application of HirshbachAppellate Division of the Supreme Court of the State of New York · 1902
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