Todd Protectograph Co. v. Wells Fargo & Co. Exp. (Sup.).. 954 954 Town of Greenburgh, Coyne v. (Sup.).. 230 Trial Term, Part III, People ex rel. Hen- 675 Village of Clifton Springs, Smith v., two cases (Sup.) 951 73 73 957 940 956 944 Voigt, Economy Homes Co. v., two cases (Sup.) 922 Troy v. Rutland R. Co. (Sup.) 955 Von Derlehr, Molenaor v. (Sup.) 937 Von Dorn v. Crary (Sup.).. 956 Trustees of Presbytery of New York v. Von Kamp v. Bramer (Sup.). 956 Voorhis, Burr v. (Sup.).... 917 West Twenty-Third St. (Sup.)... 703 West Twenty-Third St. (Sup.)... 705 Wade, Keister v. (Sup.). 119 Trustees of Village of Clifton Springs, Smith v., two cases (Sup.). 951 Tuomey, People ex rel. 1650 Pitkin Ave. Const. Co. v. (Sup.). 944 Waller, H. & I. Feldman Contracting Co. v. (Sup.)..... 930 Walrath-Stevens Co., Nenno v. (Sup.) 939 Tuttle v. Western Union Tel. Co. (Sup.) 955 Walsh v. Coll (Sup.).. 956 Walter, MacArthur v. (Sup.). 690 Wander & Sons' Chemical Co., Groves v. (Sup.)... 927 Union Ferry Co. of New York and Brooklyn v. Fairchild (Sup.). THE NEW YORK SUPPLEMENT VOLUME 182 SADDEN v. SEBRING et al. (Supreme Court, Special Term, Erie County. May 21, 1920.) 1. Champerty and maintenance 3-Statute prohibiting soliciting for attorney not retroactive. Penal Law, § 270, rendering it unlawful for any layman to solicit employment for a lawyer, is not retroactive, and does not take away or affect any rights which may have attached under a contract made prior to its passage. 2. Attorney and client 177-Layman has no lien on property recovered by attorney furnished. A layman, furnishing an attorney to recover damages prior to the passage of Penal Law, § 270, under a contract whereby he was to receive a percentage of the proceeds of the suit, is not entitled to a lien against such proceeds, under Judiciary Law, § 475, or otherwise. Action by Ormond H. Sadden against James O. Sebring and others. On demurrer by the named defendant to the complaint. Demurrer sustained, with leave to plaintiff to serve an amended complaint. Henry Donnelly, of Olean, for plaintiff. Irving W. Cole, of Buffalo, for defendant Sebring. WHEELER, J. The complaint alleges in substance: That the defendant Mary E. Long, as administratrix, had a cause of action against the Pennsylvania Railroad Company for causing the death of her husband, Andrew Long, by its negligence. That the defendant Long, prior to bringing of an action against said railroad, entered into an agreement with the plaintiff to the effect that he would procure a lawyer for her to prosecute said action, and that for his services and expenses she would pay him, and also the services and expenses of the attorney whom he would procure to handle the case, 50 per cent. of the recovery. That at a subsequent meeting between the plaintiff, Mrs. Long, and the defendant Sebring, "pursuant to an understanding between the plaintiff and the defendant Sebring, a contract was entered into and an arrangement made between the defendant Long and the defendant Sebring, in writing, in and by which she agreed to allow him the sum of 50 per cent. of any and all recovery for services rendered, and expenses incurred in connection with the prosecution of For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes 182 N.Y.S.-1 |