Pond v. . Harwood
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 18, 1891, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 18, 1891, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. A person, whether attorney, agent or other person, standing in a fiduciary relation, cannot purchase a judgment or anything else as to which he has gained information in connection with his client’s business, against such client or former client or person to whom he has stood in a…
1Opinion of the CourtMaynard, J.
The defendants, Caroline L. Harwood and William S. Judd, -were the residuary legatees under the will of their father, David Judd, who died May 2nd, 1868, and each was entitled to an equal half of the estate. They thus succeeded to the title of one hundred and sixty acres of land in Wisconsin, of which their father had become the owner by virtue of a bounty land warrant as a soldier in the war of 1812. The plaintiff is an attorney, residing in Essex county, and, as appears from the verified account filed by him in this action, he was the attorney for the defendant, Mrs. Harwood, who alone…
2Cases cited10 opinions
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Gay v. GayNew York Court of Chancery · 1843
- Peck v. . GoodberlettNew York Court of Appeals · 1888
- Thompson v. St. Nicholas National BankNew York Court of Appeals · 1889
- Kraemer v. . AdelsbergerNew York Court of Appeals · 1890
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3Cited by34 opinions
- Lowden v. Northwestern National Bank & Trust Co.Supreme Court of the United States · 1936
- Colson v. PelgramNew York Court of Appeals · 1932
- Sherman v. . FosterNew York Court of Appeals · 1899
- Mallon v. City of Long BeachCalifornia Court of Appeal · 1958
- Lowden v. Northwestern Nat. Bank & Trust Co.Court of Appeals for the Eighth Circuit · 1936
29 more not listed; retrieve them via the Exa API.