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Downs v. Farley

18 Abb. N. Cas. 464 Court N. Y. Superior Court, Special Term ; English

Delivered by O’Gorman, J.

Contents

Majority

p. 464
DOWNS v. FARLEY.
N. Y. Superior Court, Special Term ;
March, 1887.

Headnote

1. Leave to sue in forma pauperis.] An application for leave to sue in forma pauperis in an action for personal injuries from negligence, denied, where there was a conflict of evidence as to whether plaintiff had a good cause of action, and was without means to enable him to carry on the suit, and there was sufficient evidence that he had made an agreement with his attorney by which the latter was to advance the expenses of the suit, and receive one-half any recovery therein.
p. 465
Motion for leave to sue in forma pauperis.
The action was brought for personal injuries caused by defendant’s negligence. In opposition to this motion, made after issued joined by service of an answer, it was alleged that plaintiff had made an agreement with his attorney herein, by which the attorney was to pay all the necessary and incidental expenses connected with the action and receive one-half the recovery, if any.
James L. Brown, for plaintiff, and the motion.
Geo. A. McDermott, for the defendant, opposed.

There are many reasons why applications of this kind should neither be unreasonably refused, nor granted lightly and without sufficient evidence of facts clearly entitling the plaintiff to the statutory relief (Code Civ. Pro. §§ 459, 460).

There is a conflict in the evidence in this case on the question, whether the plaintiff has a good cause of action, and also whether he is so destitute and not worth $100, as to be without means of his own sufficient to enable him to carry on this suit.

However that, may be, there is sufficient evidence that the plaintiff did enter into an agreement with an attorney whereby the action could be carried on without any present' expense to the plaintiff, and such an agreement is in this' State not forbidden by law (Fowler v. Callan, 102 N. Y. 395 ).

If this arrangement be carried out, the plaintiff need be under no necessity of asking any statutory assistance in defraying the expenses of his litigation. The motion to/ sue informa pauperis is denied, without costs.

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