38 A.D. 595 | N.Y. App. Div. | 1899
■ The rule is so well established in this State that “ summary proceedings of this character are riot sustained, except upon clear proof that.the relation of attorney at law and client existed, and that an attorney at law had received the money or the property of a client while acting in this professional capacity, and had failed to account for it to the client” (Matter of Hillebrandt, 33 App. Div. 191. See, also, Matter of Haskin, 18 Hun, 42; Matter of Sardy, 4Y N. Y. St. Repr. 308), that it does not seem to be necessary to enter into any extended discussion of this matter. The admitted facts are that the plaintiff in this action recovered a judgment against the defend
It seems clear to us that the court below has erred in granting this order; that the facts stated show merely the relation of debtor and creditor between Bushby and Tuttle, in nowise connected with the affairs of a client. As was said in Matter of Haskin, (supra) “It is not every debt due.from a lawyer that can be collected by order of the court. Attorneys have the same right to have their liabilities established in the ordinary channels of the law as other persons, except where the claim is for money received for their clients. In such cases the courts deal with them as their own offn cers, and compel a proper discharge of the duties they owe to their clients.” (See Bowen v. Smidt, 49 N. Y. St. Repr. 647.) “It is because of the relations existing between attorneys and clients,” say the court in Matter of Schell (58 Hun, 440), “ that the client is allowed to pursue this extraordinary remedy, and it is because it is the duty of the court to see that the attorney acts with fidelity, 'as
The order appealed from should be reversed, with costs, and the motion should be denied, with costs.
All concurred.
Order reversed, with ten dollars costs and disbursements, and motion denied.