Brott v. Davidson
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Saratoga County. Action by Solomon C. Brott and another against Alice I. Davidson and others. From an order directing Michael F. O’Connor, who was attorney for plaintiffs, to repay certain money withdrawn from- the court, he appeals.
1Opinion of the CourtHoughton, J.
The action herein was brought to foreclose a mortgage, and the appellant, O’Connor., was plaintiffs’ attorney. After the commencement of the action, the defendants, ex parte, procured an order permitting them to pay into court $482.42, the amount admitted by them to be due upon the mortgage. The order was peculiar, in that it provided that said moneys should be paid out of court to the plaintiffs or their attorney. The defendants pleaded that prior to beginning the action they had made this same tender, and desired to keep it good by payment into court. Other defenses set up in the answer…
2Cases cited1 opinion
- Shotwell v. DixonAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Williams v. SegoolCourt of Appeals for the Seventh Circuit · 1936