Legal Opinion

In the Matter of the Application of Knapp

New York Court of Appeals

Decided May 19, 1881PublishedCited by 65 opinions

Appeal from order of the General Term of the Supreme Court, in the first judicial department, made September 8, 1880, reversing an order of Special Term, which denied a motion on the part of the petitioner, as executrix of the will of Stephen H. Knapp, deceased, to compel her attorney to pay over $4,411.50 alleged to have been unlawfully detained by him, out of moneys collected.

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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made September 8, 1880, reversing an order of Special Term, which denied a motion on the part of the petitioner, as executrix of the will of Stephen H. Knapp, deceased, to compel her attorney to pay over $4,411.50 alleged to have been unlawfully detained by him, out of moneys collected. The order of General Term granted the motion to this extent, it directed said attorney •to pay to the petitioner, or her attorney, within- ten days after service of copy of the order, the sum of $1,500, and in default…

1Opinion of the CourtDanforth, J.

The petitioner applied to a judge of the

Supreme Court for an order requiring A. M., an attorney and counselor of that com't, to show' cause why he should not pay to her the sum of $4,411.50, with interest from July, 1878, or why, in default thereof, an attachment should not issue against him. Her petition stated that she was the widow of Stephen H. Knapp and his executrix; that at the time of his death there were pending certain proceedings to recover moneys due him from the city of Hew York for the erection of an “ Armory ” ; that in these proceedings A. M. was his attorney and counsel, and…

2Cases cited11 opinions

  1. Ex Parte BurrSupreme Court of the United States · 1824
  2. Austin v. . MunroNew York Court of Appeals · 1872
  3. Marshall v. . MeechNew York Court of Appeals · 1872
  4. Rooney v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1858
  5. Whitehead v. . KennedyNew York Court of Appeals · 1877

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3Cited by65 opinions

  1. In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901
  2. Ward v. . CraigNew York Court of Appeals · 1882
  3. In re SebringAppellate Division of the Supreme Court of the State of New York · 1933
  4. In the Matter of H____, an AttorneyNew York Court of Appeals · 1882
  5. In re the Final Judicial Settlement of the Account of Proceedings of SmithAppellate Division of the Supreme Court of the State of New York · 1906

60 more not listed; retrieve them via the Exa API.

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