From Casetext: Smarter Legal Research

Burpee v. Townsend

Supreme Court, Kings Special Term
Dec 1, 1899
29 Misc. 681 (N.Y. Sup. Ct. 1899)

Opinion

December, 1899.

Edward W. Brenen for motion.

Clarence J. Shearn opposed.


The parties had the right to settle the action, and the attorney's lien was subject to such right. The law encourages such settlements, and does not permit attorneys' liens to stand in the way of them. It is said in some decisions that where the parties collusively settle the action so as to defraud the attorney, he will, on showing that fact, and that his client is worthless, be permitted to prosecute the action to judgment in order to establish his right against the opposite party under his lien. This is rather fanciful at best; but no such case is here presented. I see no use citing the decisions on the subject. They are a bundle of confusion.

The motion is denied.


Summaries of

Burpee v. Townsend

Supreme Court, Kings Special Term
Dec 1, 1899
29 Misc. 681 (N.Y. Sup. Ct. 1899)
Case details for

Burpee v. Townsend

Case Details

Full title:EDWARD B. BURPEE, Plaintiff, v . GERARD B. TOWNSEND, Defendant

Court:Supreme Court, Kings Special Term

Date published: Dec 1, 1899

Citations

29 Misc. 681 (N.Y. Sup. Ct. 1899)
61 N.Y.S. 467

Citing Cases

Baker v. Tullock

At least one court held that this results in a "bundle of confusion." ( Burpee v. Townsend, 29 Misc. 681, 61…