Batterson v. Osborne
New York Supreme Court
Appeal from special term, Yew York county. Application by Ida A. Batterson for an order requiring Sidney Osborne, her attorney, to pay over moneys awarded applicant as alimony by decree in a suit for divorce, instituted against her in the state of Yew Hampshire, which moneys, $3,500, were collected by said attorney and retained by him. He was instructed to compromise defendant’s claim for alimony at $2,500, without deductions for counsel fees or costs.
Read the full summary
Appeal from special term, Yew York county. Application by Ida A. Batterson for an order requiring Sidney Osborne, her attorney, to pay over moneys awarded applicant as alimony by decree in a suit for divorce, instituted against her in the state of Yew Hampshire, which moneys, $3,500, were collected by said attorney and retained by him. He was instructed to compromise defendant’s claim for alimony at $2,500, without deductions for counsel fees or costs. After collecting $3,500 he offered.to pay over $2,000, claiming a fee of $500 in excess of what he was entitled to retain over and above the…
1Opinion of the Court
Van Brunt, P. J.-
There does not seem to be any reason shown upon these papers for a disturbance of the order made in the court below. The only grave question which seems to be presented upon this appeal is as to whether the relation of attorney and client existed between the respondent and the appellant. That such relation did exist, however, has been abundantly established by the papers, and the mere fact that the action which had been commenced was brought in another state does not relieve the appellant from the obligations resting upon him as an attorney and counselor of this court. He was…
2Cited by2 opinions
- Lynde v. LyndeSupreme Court of New Jersey · 1902
- Phillips & Chew Co. v. Jones & HancockSupreme Court of Georgia · 1912