Eberhardt v. Schuster
New York Supreme Court
Julia Eberhardt brought this action against C. August Schuster, to recover her distributive share of a policy of insurance upon the life of her mother, which had been collected by defendant. After the action had been at issue for some time, the defendant obtained plaintiff’s personal consent to a discontinuance, without the knowledge of her attorneys, and entered an ex parte order of discontinuance thereon.
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Julia Eberhardt brought this action against C. August Schuster, to recover her distributive share of a policy of insurance upon the life of her mother, which had been collected by defendant. After the action had been at issue for some time, the defendant obtained plaintiff’s personal consent to a discontinuance, without the knowledge of her attorneys, and entered an ex parte order of discontinuance thereon. Within a few days thereafter such order was vacated by the judge who granted it, on the ground that plaintiff’s attorneys should have had notice of the application. About the same time,…
1Opinion of the Court
Per Curiam.*
The examination of this case leads to the conclusion that the learned justice in the court below properly disposed of the motion heard by him. The evidence warrants the conclusion that the defendant’s attorneys had sufficient notice of the interest in, or lien of, the plaintiff’s attorney upon the claim herein, and were therefore under the obligation to notify the latter of the intended settlement, or in the absence of either of them to protect their rights or take the consequences of a settlement without their knowledge or concurrence.. The order appealed from should therefore be…
2Cases cited9 opinions
- Whitehead v. . KennedyNew York Court of Appeals · 1877
- Bradley v. . AldrichNew York Court of Appeals · 1869
- Coughlin v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1877
- Pulver v. . HarrisNew York Court of Appeals · 1873
- Pulver v. HarrisNew York Supreme Court · 1872
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3Cited by10 opinions
- National Exhibition Co. v. CraneNew York Court of Appeals · 1901
- Hassell v. Van HoutenNew Jersey Court of Chancery · 1884
- In re WeeksNew York Surrogate's Court · 1887
- Smith v. BaumCity of New York Municipal Court · 1884
- In re GatesAppellate Division of the Supreme Court of the State of New York · 1900
5 more not listed; retrieve them via the Exa API.