Newburger v. Campbell
New York Court of Common Pleas
Appeal from a judgment of the district court in the city of blew York for the seventh judicial district. The action was brought to recover the price of goods sold and delivered. On the return, both parties appeared by attorney. At the trial, Mr. Arthur Furber, the managing clerk of plaintiff’s attorney, conducted the cause for the plaintiffs.
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Appeal from a judgment of the district court in the city of blew York for the seventh judicial district. The action was brought to recover the price of goods sold and delivered. On the return, both parties appeared by attorney. At the trial, Mr. Arthur Furber, the managing clerk of plaintiff’s attorney, conducted the cause for the plaintiffs. Having offered himself as a witness in rebuttal, to prove an interview with the defendant, he was asked, on cross-examination, if he was an attorney and counselor at law, and said he was not. On his subsequently beginning to cross-examine one of…
1Opinion of the CourtJ. F. Daly, J.
The notice of appeal recites as a ground of appeal that the justice permitted the cause to be tried upon the part of the plaintiffs by a gentleman who was not an attorney and counselor at law; and it appears, from the return, that the objection was duly made by the defendant’s counsel, as soon as it was disclosed, by the evidence of Mr. Furber (the gentleman in question), that he was not duly admitted to practice. The justice, nevertheless, permitted him to go on and try the case to the end, contrary to the provision of the Code, sections 63 and 64. As it is declared by the latter section to…
2Cited by10 opinions
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- People ex rel. Allen v. MurrayThe Superior Court of the City of New York and Buffalo · 1892
- Schifrin v. Chenille Mfg. Co.Court of Appeals for the Second Circuit · 1941
- North Laramie Land Co. v. HoffmanWyoming Supreme Court · 1919
- Kaplan v. BermanAppellate Terms of the Supreme Court of New York · 1902
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