W. S. F. Tatum v. Maloney

Proskauer, J. (concurring in result).

I concur in the affirmance of the judgment and order appealed from, for the following reasons:

First. The defendants having retained the Mississippi attorneys were bound by the action of these attorneys in the conduct of the litigation, even though they exceeded the limitation placed upon their authority. (Palen v. Starr, 7 Hun, 422; Matter of Maxwell, 66 id. 151; Butcher v. Quinn, 86 App. Div. 391; Ferguson v. Crawford, 70 N. Y. 253, 258, 261.) ' The situation in this respect is entirely different from the one which exists in cases like Famobrosis Society…