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1 How. Pr. 94

Payn v. Parks

New York Supreme Court

Decided February 15, 1845

New York Supreme Court · decided 1845-02-15

Motion by defendant to set aside a rule entered in common rule book, discontinuing this suit without costs.—It appears from defendant’s papers, this is an action of ejectment that the defendant was a tenant for one year of the premises; the landlord, William Forkson, received the declaration from defendant immediately after the service on defendant, and employed counsel to defend, and was considered and treated as the real defendant in the-cause; the defendant Parks never…

Decided 1845-02-15

Nelson, Chief Justice.

¶1Held, that Forkson had a right to defend in the name of the tenant, and that the settlement with the tenant operated as a fraud upon the attorney.

¶2Decision.—Motion granted with costs.

¶3The same decision in the cases of Payn vs. Simmons, and Payn vs. Beal.

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