Moses v. . McDivitt
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made at the January term, 1876, which affirmed a judgment in favor of defendant, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was upon a bond executed by defendant to one Bitter, and by him assigned to the plaintiff.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made at the January term, 1876, which affirmed a judgment in favor of defendant, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was upon a bond executed by defendant to one Bitter, and by him assigned to the plaintiff. Two defenses were interposed, one usury, the other that plaintiff, who is an attorney, bought the bond for the purpose of bringing suit thereon. It appeared that, in 1872, Bitter loaned to defendant $2,500 at one time and $1,500 at another,…
1Opinion of the CourtRapallo, J.
The statute (§ 71 of art. 3, title 2, chap. 3, part III of the Revised Statutes) prohibits the purchase by-attorneys, etc., of choses in action “ with the intent and for the purpose’’ of bringing a suit thereon.
This language is significant and indicates that a mere intent to bring a suit on a claim purchased does not constitute the offense; the purchase must be made for the very purpose of bringing such suit, and this implies an exclusion of any other purpose. As the law now stands, an attorney is not prohibited from discounting or purchasing bonds and mortgages and notes, or other choses in…
2Cases cited3 opinions
- Baldwin v. LatsonNew York Court of Chancery · 1847
- Van Rensselaer v. Sheriff of OnondagaNew York Supreme Court · 1823
- People v. WalbridgeNew York Supreme Court · 1826
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- Red Tulip, LLC v. NeivaAppellate Division of the Supreme Court of the State of New York · 2007
- Fairchild Hiller Corp. v. McDonnell Douglas Corp.New York Court of Appeals · 1971
- Elliott Associates, L.P. v. Banco De La Nacion and the Republic of PeruCourt of Appeals for the Second Circuit · 1999
- Bluebird Partners v. First Fidelity Bank, N. A.New York Court of Appeals · 2000
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