In re Application of Raby
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Mary Raby, 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 New York on the 11th day of February, 1898, denying her application for an order directing Hugo S. Mack to pay over an amount alleged to be in his possession and belonging to her.
1Opinion of the Court
Van Brunt, P. J.:
This is an application to compel an attorney to pay over money to his client, which it is alleged that he has received. The receipt of the money is admitted, but it is claimed upon the part of the attorney that it has been accounted for. General allegations in regard to such account are indulged in, but nothing in detail is stated, and the attorney might just as well have contented himself with stating that he owed his client nothing as to have made the general allegations contained in his affidavit.
All the circumstances attending the transaction are suspicious, and indicate…
2Cited by4 opinions
- In re ErnstAppellate Division of the Supreme Court of the State of New York · 1900
- Pallace v. Niagara, Lockport & Ontario Power Co.Appellate Division of the Supreme Court of the State of New York · 1909
- In re ErnstAppellate Division of the Supreme Court of the State of New York · 1900
- In re MartinAppellate Division of the Supreme Court of the State of New York · 1902