Majority
p. 316In re ROTH. (Supreme Court, Appellate Division, First Department. April 25, 1913.) Argued before INGRAHAM, P. J., and CLARKE, SCOTT, DOW-LING, and HOTCHKISS, JJ.
Headnote
Reference (§ 8*)—Accounts—Attorney and Client.Where an attorney, having collected money for his client, claimed the right to retain a portion thereof for disbursements and services rendered, an order requiring him to deposit the moneys collected with the city chamberlain for the account of the client should be modified, by referring the matter to a referee for the statement of an account between the attorney and his client.
[Ed. Note.—For other cases, see Reference, Cent. Dig. §§ 13-23; Dec. Dig. § 8.[1] ]
• Appeal from Special Term, New York County.
In the matter of the application to require Herman L. Roth, an attorney, to pay over to Grace V. Grosz certain moneys collected and retained by him as her attorney. From an order directing defendant Roth, as an attorney, to deposit moneys with the city chamberlain for the account of the petitioner, he appeals. Modified and affirmed.
p. 317
John Ewen, of New York City, for appellant.
Louis F. Doyle, of New York City, for respondent.
The order appealed from should be modified, by referring the matter to the referee therein named to take and state the account of Herman L. Roth with respect to the payment and disbursement by him of the sum of $4,081.84 to and on account of the said Grace V. Grosz, and also to take the proof offered in relation to the services rendered by the appellant and the value thereof, and as to the circumstances surrounding the execution of the so-called retainer, and, as so modified, affirmed, with $10 costs and disbursements to the respondent.