In a personal injury case, in what circumstances will the court order that an attorney be required to restore moneys erroneously obtained by an opposing attorney?
The following excerpt is from Forstman v. Schulting, 108 N.Y. 110, 15 N.E. 366 (N.Y. 1888):
The appellant makes [108 N.Y. 114]the claim that this money having been received by the attorney as costs, creates a distinction between it and other cases where attorneys have been required to restore moneys erroneously obtained. We do not think that circumstance creates any valid distinction, for it is the wrongful acquisition and retention of the property of another which authorizes the court to order its restoration. We think the case of Wilmerdings v. Fowler is in point.
The order should be affirmed, with costs.
Notes:
1 Affirming 42 Hun, 643.
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