Legal Opinion

Goodrich v. . McDonald

New York Court of Appeals

Decided January 15, 1889PublishedCited by 91 opinions

Appeal by defendant McDonald from judgment of the General Term of tlié Supreme Court-in the fourth judicial department, entered upon an order made July 1, 1886, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.

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Appeal by defendant McDonald from judgment of the General Term of tlié Supreme Court-in the fourth judicial department, entered upon an order made July 1, 1886, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. (Reported below, 41 Hun, 235.) About the year 1870, Mrs. Jennie L. Graves, a daughter of the defendant Mrs. McDonald, employed Milo Goodrich, the plaintiff’s intestate, as her attorney to prosecute an action in her favor as administratrix of her deceased husband’s estate, against William T. Porter and others who resided in…

1Opinion of the CourtEarl, J.

The judgment in the action brought by Mrs. Graves against Porter and others, was perfected .on the 26th day of June, 1877, about two years before the amendment of section 66 of the Code of Civil Procedure enlarging the scope of that section, so that now an attorney who appears for a party has a lien upon his client’s cause of action, which attaches “ to a verdict, report, decision or judgment in his client’s favor and the proceeds thereof, in whosoever hands they may come.” The section as amended was prospective only in its operation and can have no effect upon a judgment previously…

2Cases cited5 opinions

  1. Marshall v. . MeechNew York Court of Appeals · 1872
  2. President of the Michigan State Bank v. HastingsMichigan Supreme Court · 1844
  3. St. John v. DiefendorfNew York Supreme Court · 1824
  4. Adams v. Stevens & CaggerNew York Supreme Court · 1841
  5. Cowen v. BooneSupreme Court of Iowa · 1878

3Cited by91 opinions

  1. Itar-Tass Russian News Agency v. Russian Kurier, Inc.Court of Appeals for the Second Circuit · 1998
  2. Matter of HeinsheimerNew York Court of Appeals · 1915
  3. In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901
  4. People v. KeeffeNew York Court of Appeals · 1980
  5. Lmwt Realty Corp. v. Davis Agency Inc.New York Court of Appeals · 1995

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