Lifchitz v. O'Brien
Appellate Division of the Supreme Court of the State of New York
Appeals by the plaintiffs, John M. Lifschitz and another, and by Frederic S. Marsell and another, from a judgment of the Municipal Court of the city of Mew York, borough of Brooklyn, rendered on the 22d day of September, 1910, in favor of the plaintiffs against Marsell and Sherman, and in favor of the defendant O’Brien against, the plaintiffs; also from orders denying motions for a new trial.
1Opinion of the Court
Per Curiam :
The judgment in this case must be reversed for errors of the trial judge in excluding testimony sought to be elicited from the witness Marsell respecting conversations had by him with the defendant O’Brien in reference to procuring a loan upon the premises referred to in the complaint herein. While Marsell was an attorney and *181counselor at law and it would appear had represented the defendant O’Brien in certain transactions, his employment, so far as it related to procuring a loan for him from plaintiffs, was not as an attorney and counselor at law, but merely as an agent, and the…
2Cases cited1 opinion
- Avery v. LeeAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by4 opinions
- People v. O'ConnorAppellate Division of the Supreme Court of the State of New York · 1982
- United States v. Vehicular Parking, Ltd.District Court, D. Delaware · 1943
- Myles E. Rieser Co. v. Loew's Inc.New York Supreme Court · 1948
- In re the Village of LawrenceAppellate Division of the Supreme Court of the State of New York · 1955