Legal Opinion

Porter v. Parmly

The Superior Court of New York City

Decided April 5, 1875Published

Appeal by plaintiff’s attorney, from an order made in a summary proceeding instituted by her against him. The motion at the special term was made by Mrs. Mary C. Porter, the plaintiff in the action, for an order requring Randolph W. Townsend, her attorney in the action, to pay to her certain moneys collected and received by him, as such attorney, upon the judgment recovered by her in the action, or to show cause why an attachment should not issue against him.

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Appeal by plaintiff’s attorney, from an order made in a summary proceeding instituted by her against him. The motion at the special term was made by Mrs. Mary C. Porter, the plaintiff in the action, for an order requring Randolph W. Townsend, her attorney in the action, to pay to her certain moneys collected and received by him, as such attorney, upon the judgment recovered by her in the action, or to show cause why an attachment should not issue against him. The plaintiff in her affidavit alleged the retaining of Mr. Townsend as her attorney; the recovery of judgment in the action, and the…

1Opinion of the Court

By the Court.—Monell, Ch. J.

The only question we are asked to examine in this case, is as to the power of the court, upon a summary application to determine a disputed question of fact between an attorney and Ms client, as to the existence of a special agreement, fixing the rate of the former’s compensation for prosecuting an action.

It is conceded that if the power exists, the mode adopted in this case is without objection. Upon a motion, properly before the court, it may, to inform its conscience, direct a reference to take the proofs (Marshall v. Meech, 51 N. Y. 140).

No exception to the…

2Cases cited15 opinions

  1. Marshall v. . MeechNew York Court of Appeals · 1872
  2. Rooney v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1858
  3. Barlow v. . ScottNew York Court of Appeals · 1861
  4. Bowling Green Savings Bank v. . ToddNew York Court of Appeals · 1873
  5. Welsh v. . DarraghNew York Court of Appeals · 1873

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