In re Fincke
New York Court of Common Pleas
Appeal from order of this court, made at special term by Judge Kobinson, requiring John H. Cornell, an attorney of the court, to pay over to the petitioner the sum of $1,445 45, and also to pay $238 20 costs and disbursements of the proceeding, with interest, within twenty days from the service of the order.
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Appeal from order of this court, made at special term by Judge Kobinson, requiring John H. Cornell, an attorney of the court, to pay over to the petitioner the sum of $1,445 45, and also to pay $238 20 costs and disbursements of the proceeding, with interest, within twenty days from the service of the order. By the petition, to which Mr. Cornell made no answer by affidavit or otherwise, it appears that the petitioner employed "him as her attorney, to appear for her in an action for the partition of real property in which she had an interest; that Cornell, as her attorney, received from the…
1Opinion of the CourtJoseph F. Daly, J.
The only question raised on this appeal, pursuant 'to the stipulation, viz., as to the power of the court to make the order of reference, involves the inquiry: 1st, As to the jurisdiction of the court to entertain this application for summary relief ; and 2d, As to the practice.
The late case of The Bowling Green Savings Bank v. Todd (52 N. Y. 489), settles in this State all question as to the power of the court to compel, in a summary manner, the payment by an attorney to his client, of moneys collected by the former for the latter. The view taken by the learned judge at special term, who…
2Cases cited7 opinions
- Bowling Green Savings Bank v. . ToddNew York Court of Appeals · 1873
- Merritt v. LambertNew York Court of Chancery · 1843
- People v. SmithNew York Supreme Court · 1805
- Barry v. Whitney & TuckerThe Superior Court of New York City · 1851
- Grant's CaseNew York Supreme Court · 1858
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3Cited by6 opinions
- Barkley v. New York Centrall & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- In re TylerCalifornia Supreme Court · 1889
- Burns v. AllenSupreme Court of Rhode Island · 1885
- In re FosterNew York Supreme Court · 1888
- Smith v. ChenowethCity of New York Municipal Court · 1886
1 more not listed; retrieve them via the Exa API.