Gillespie v. Mulholland
New York Court of Common Pleas
Appeal from city court, general term. Application by Michael H. Gillespie to compel John Mulholland to pay over money collected by him. From an order of the city court (28 N. Y. Supp. 754) affirming an order directing a reference, defendant appeals.
1Opinion of the CourtDaly, C. J.
This is an appeal from an order of the general term of the city court, affirming an order of the special term directing a reference upon an application to require an attorney to pay over moneys collected by him. The moneys were collected in an action brought by one Peck against Deering and others, and are claimed by the petitioner, Gillespie, by virtue of an assignment from Peck of his claim and judgment in the action. The attorney, Mulholland, who collected the judgment from the defendant, and *34retained the whole amount, resisted the application to compel him to pay, on the ground that the…
2Cases cited6 opinions
- Bowling Green Savings Bank v. . ToddNew York Court of Appeals · 1873
- Schell v. Mayor of New YorkNew York Court of Appeals · 1891
- In re SchellNew York Supreme Court · 1890
- McKibbel v. NafisNew York Supreme Court · 1894
- Bowen v. SmidtNew York Supreme Court · 1892
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3Cited by3 opinions
- Doyle v. MayorNew York Supreme Court · 1899
- In re KleinNew York Supreme Court · 1906
- In re LahmAppellate Division of the Supreme Court of the State of New York · 1917