Taylor v. Long Island R. Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Eliza Taylor, administratrix of Isaac Sherwood Taylor, against the Long Island Railroad Company and another. From an order granting a motion . therein made by Ezra A. Tuttle to compel James C. Bushby to pa)' over a certain sum of money (53 N. Y. Supp. 830), he appeals.
1Per curiam
The rule is so well established in this state that “summary proceedings of this character are not sustained except upon clear proof that the relation of attorney at law and client existed, and *666that an attorney at law had received the money or the property of a client while acting in this professional capacity, and had failed to account for it to the client” (In re Hillebrandt, 33 App. Div. 191, 53 N. Y. Supp. 352. See, also, In re Haskin, 18 Hun, 42; In re Sardy [Sup.] 19 N. Y. Supp. 575), that it does not seem to be necessary to enter into any extended discussion of this matter. The admitted…
2Cases cited5 opinions
- Stout v. . SmithNew York Court of Appeals · 1885
- In re SchellNew York Supreme Court · 1890
- In re HillebrandtAppellate Division of the Supreme Court of the State of New York · 1898
- Bowen v. SmidtNew York Supreme Court · 1892
- In re SardyNew York Supreme Court · 1892
3Cited by2 opinions
- In re DaileyAppellate Division of the Supreme Court of the State of New York · 1901
- Dorsey v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1910