In re Redmond
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Catharine M. J. Redmond, as administratrix, etc., of Rebecca D. Champlin, deceased, from an order of the Supreme Court, made at the- New York Special Term and entered in the office of the clerk of the county of IsTew York on the-17th day of July, 1900, denying her motion to compel Charles C. Leeds, an attorney, to pay over to her certain money alleged to have been received by him belonging to the estate of Rebecca D. Champlin.
1Opinion of the Court
Hatch, J,:
The application seems to have been denied in the court below upon the ground that it appeared upon the face of the petition th,at the relation of attorney and client did not exist between the parties, and that summary application could not be made to compel the payment of money in the absence of such relation. While it is undoubtedly true that the relation of attorney and client must have existed at the time of the reception of the money by the attorney, yet it *455■does not follow that a successor in interest from the party may not maintain a summary proceeding to compel payment over…
2Cases cited2 opinions
- In the Matter of the Application of KnappNew York Court of Appeals · 1881
- Schell v. Mayor of New YorkNew York Court of Appeals · 1891
3Cited by2 opinions
- Clark v. GroshNew York Supreme Court · 1913
- In re LahmAppellate Division of the Supreme Court of the State of New York · 1917