New York Court of Appeals
Alexander Hamilton, Jr., and Martin Livingston, Impleaded With William S. Gleason v. Wendell Wright
January 5, 186837 N.Y. 502
Summary
The Court affirmed the lower court's order requiring the defendant to first collect costs from the grantee, Gleason, and held that Section 111 of the Code of Procedure expressly permits a grantee to maintain an action in the name of a grantor without the grantor's consent. The opinion also discusses the general presumption of attorney retainer and equitable limits on setting aside proceedings.