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Minto v. Bauer

29 N.Y. St. Rep. 366 Court N.Y. Gen. Term Decision date 1890-01-24 English

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p. 366
Robert F. Minto et al., Respt’s, v. August Bauer et al., Impl’d, App’lts.[1]
(Supreme Court, General Term, First Department,
Filed January 24, 1890.)

Headnote

Attorney and client—Lien.
In accordance with stipulation herein, Held, that the attorney had a right to proceed with the action to recover his agreed compensation after settlement of the action by his client.
Reargument of appeal from order.
J. Kearney, for app’lt; J. G. Be La Mare, for resp’t

The appellant, by* his stipulation, admitting that the court would be justified in sustaining the order appealed from, so far .as it affects the lien of the attorney, the judgment heretofore rendered by the general term is modified so that it should affirm the order appealed from as to the attorney’s right to-proceed for his agreed compensation; and the order should, therefore, be reversed in the other respects mentioned in the previous, opinion.

Yan Brunt, P. J., Brady and Daniels, JJ., concur.