Butcher v. Henning

New York Supreme Court

Butcher v. Henning

35 N.Y.S. 1006, 97 N.Y. Sup. Ct. 565, 70 N.Y. St. Rep. 665, 90 Hun 565

CourtNew York Supreme Court

DecidedDecember 3, 1895

StatusPublished

Cited by4 cases

This text of 35 N.Y.S. 1006 (Butcher v. Henning) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Butcher v. Henning, 35 N.Y.S. 1006, 97 N.Y. Sup. Ct. 565, 70 N.Y. St. Rep. 665, 90 Hun 565 (N.Y. Super. Ct. 1895).

Pincite

Opinion

PER CURIAM.

In Langley v. Warner, 3 N. Y. 327, it was held by the court of appeals that where a judgment had been collected, and the money paid to the attorney who prosecuted the suit, an action will not lie against the attorney to recover back the money after a reversal of the judgment, although, by agreement between him and his client, he retained the money in payment of a debt from the latter to him. The facts in the case cited were quite similar to those appearing in the case under consideration. We are not aware that the doctrine established in Langley v. Warner, supra, has ever been doubted or overruled. Grauer v. Grauer, 20 N. Y. Supp. 854; Wright v. Nostrand, 53 N. Y. Super. Ct. 381-386; Simpson v. Hornbeck, 3 Lans. 53-55; Forstman v. Schulting, 108 N. Y. 110-113, 15 N. E. 366.

The judgment should be affirmed, with costs.

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PER CURIAM.

In Langley v. Warner, 3 N. Y. 327, it was held by the court of appeals that where a judgment had been collected, and the money paid to the attorney who prosecuted the suit, an action will not lie against the attorney to recover back the money after a reversal of the judgment, although, by agreement between him and his client, he retained the money in payment of a debt from the latter to him. The facts in the case cited were quite similar to those appearing in the case under consideration. We are not aware that the doctrine established in Langley v. Warner, supra, has ever been doubted or overruled. Grauer v. Grauer, 20 N. Y. Supp. 854; Wright v. Nostrand, 53 N. Y. Super. Ct. 381-386; Simpson v. Hornbeck, 3 Lans. 53-55; Forstman v. Schulting, 108 N. Y. 110-113, 15 N. E. 366.

The judgment should be affirmed, with costs.

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Bluebook (online)

35 N.Y.S. 1006, 97 N.Y. Sup. Ct. 565, 70 N.Y. St. Rep. 665, 90 Hun 565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butcher-v-henning-nysupct-1895.

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