Merritt v. Lambert
New York Court of Chancery
This cause came before the chancellor upon an appeal by J. Wallis, one of the solicitors and counsellors of this court, from an order of the vice chancellor of the first circuit-, made upon the application of Alphonse Loubat,' who was a purchaser pendente lite of part of the property which was in litigation in this cause.
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This cause came before the chancellor upon an appeal by J. Wallis, one of the solicitors and counsellors of this court, from an order of the vice chancellor of the first circuit-, made upon the application of Alphonse Loubat,' who was a purchaser pendente lite of part of the property which was in litigation in this cause. The appellant was employed originally by the defendant, John Lambert, to defend this suit; which was brought against him by the complainants for the specific performance of a contract to exchange two several lots of land with them, for certain other property in Buffalo the…
1Opinion of the Court
The Chancellor.
The weight of evidence in this case, as to the terms of the agreement concluded between the appellant and Anderson, taking the affidavit of 'the appellant into consideration, unquestionably is that Anderson agreed that Wallis should have all the rents and profits of Loubat’s lot pending the suit, for attending to the defence for his benefit. And as the respondent has thought proper to make a summary application to this court to exercise its jurisdiction over its officer, to compel him to do justice to his client, instead of bringing a suit at law for money had *356and received to…
2Cases cited1 opinion
- Adams v. Stevens & CaggerNew York Supreme Court · 1841
3Cited by28 opinions
- Cohen v. WrightCalifornia Supreme Court · 1863
- Elmore v. JohnsonIllinois Supreme Court · 1892
- Boardman v. ThompsonSupreme Court of Iowa · 1868
- In Re the Estate of GilmanNew York Court of Appeals · 1929
- Scobey v. RossIndiana Supreme Court · 1859
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