Justice Herrick’s revocation to Appellate Division, Third Department

120 Public Papers of Governor Roosevelt

settlement of any law suit shall be valid without the consent of the attorneys or without an application to the court upon notice to the attorneys. The code now provides all necessary security for an attorney in that it gives him a lien upon the cause of action. This bill would be a benefit chiefly to the very lawyers whom the honorable members of their profession least desire to see benefited—that is, to those who bring suits for damages on account of accidents and who wish to be in a position to mulct both their own clients and the defendants in case of a settlement. In its first draft the bill applied only to negligence suits. As it was passed [?] it applies to all suits. An unscrupulous attorney might turn it to his advantage by bringing a blackmailing suit at the eve of any great commercial or railroad consolidation when it would be in his power to hold up a settlement involving great sums of money. In short, the possibilities for fraud which are afforded by this bill are so numerous that it is not entitled to any consideration.

Theodore Roosevelt

Revocation of Designation of Justice Herrick

State of New York
Executive Chamber

WHEREAS the Honorable D. CADY HERRICK a justice of the Supreme Court of the Third Judicial District having been heretofore designated to sit as an Associate Justice of the Appellate Division of the Supreme Court in

 

BECOME A MEMBER

Join the TRA today and receive the Association's scholarly journal, participate in Association-sponsored travel and tour opportunities and local TRA Chapter activities and events, and receive invitations to all TRA events.

Copyright 2012