In Brunetti v. Grandi, 89 N.J. Eq. 116, 104 A. 139 (N.J.Ch.1918) the court permitted recovery in favor of the attorney representing a contractor in an action to collect the balance due for work performed. The attorney's claim of priority was then challenged by a subcontractor who had served prior notices under the mechanic's lien statute for money owed to them by the contractor. The court held that because the subcontractor knew of the suit by the contractor and brought no action of its own against the property owner, it had acquiesced in the contractor's prosecution of the suit. Since the fund in court represented the proceeds of that suit and was due to the efforts of the attorney, the amount due to the attorney constituted a lien on the cause of action and was entitled to be satisfied first. Id. at 120-21, 104 A.2d 139.