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In the Matter of the Application of EDWARD H. BARNUM, Appellant, v. ALVAH W. BURLINGAME, JR., Respondent, to Compel Deli

JENKS, P.J.:

The court could not secure payment to the respondent for his legal services by the application of any remedy that depends upon the relation of attorney and client, inasmuch as the attorney terminated that relation without sufficient cause. ( Matter of H____, 93 N.Y. 381; Matter of Dunn, 205 id. 398.) Such termination worked relegation to ordinary remedies. The order is modified by striking out the provision for payment by the client, and as thus modified it is affirmed, with ten dollars costs and disbursements. Thomas, Carr, Woodward and Rich, JJ., concurred. Order modified by striking out the provision for payment by the client, and as so modified affirmed, with ten dollars costs and disbursements.

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MATTER OF BARNUM v. BURLINGAME, JR
(Dec 1, 1912)