Hall v. Bartlett
New York Supreme Court
This cause came on for argument upon a demurrer to the complaint, and at the same time the defendant moved to dissolve an injunction. The injunction was granted by a county judge, ex parte, upon the complaint and affidavits.
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This cause came on for argument upon a demurrer to the complaint, and at the same time the defendant moved to dissolve an injunction. The injunction was granted by a county judge, ex parte, upon the complaint and affidavits. The motion to dissolve was made upon the pleadings and upon affidavits on the part of the defendant The complaint stated that on the 13th day of June, 1839, Hill, the plaintiff, executed a bond and mortgage to one Stephen Smith, and on the 8th of March, 1849, Hill and wife executed another bond, with a mortgage upon the same parcel, to William Smith. That a short time…
1Opinion of the CourtHand, J.
The statute upon which the plaintiff relies reads as follows: “ No attorney, counselor, or solicitor shall directly, or indirectly, buy or be in any manner interested in buying any bond, bill, promissory note, bill of exchange, book debt, or other *299thing in action, with the intent or for the purpose of bringing any suit thereon.” (2 R. S. 288, § 71.)
It is said that a mortgage is not a chose in action. It cannot be denied that a bond is within the statute, for it is specified, and beside is a chose in action. And it seems hypercriticism to say that a mortgage which is merely a security for the…
2Cases cited8 opinions
- Gardner v. HearttNew York Supreme Court · 1846
- Jackson ex dem. Bartlett v. HenryNew York Supreme Court · 1813
- Gillet v. FairchildNew York Supreme Court · 1847
- Hudson v. PletsNew York Court of Chancery · 1844
- Jencks v. AlexanderNew York Court of Chancery · 1845
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Holmquist v. GilbertSupreme Court of Colorado · 1907
- Cone v. Hyatt.Supreme Court of North Carolina · 1903
- Foot v. BurrSupreme Court of Colorado · 1907
- Brotherson v. ConsalusNew York Supreme Court · 1863
- Dundee Mortgage & Trust Investment Co. v. HughesUnited States Circuit Court · 1884
12 more not listed; retrieve them via the Exa API.