Bohanan v. Peterson
New York Supreme Court
The plaintiff, with the view of depriving the defendant of exemption from imprisonment under the act abolishing imprisonment for debt, asked leave to enter a suggestion on the record, that the action in this case was brought for monies collected by the defendant as an attorney of this court.
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The plaintiff, with the view of depriving the defendant of exemption from imprisonment under the act abolishing imprisonment for debt, asked leave to enter a suggestion on the record, that the action in this case was brought for monies collected by the defendant as an attorney of this court. The defendant admitted that the monies for the recovery of which the action was brought, were collected by him as the attorney of the plaintiff, but that after such collection he with the consent of the plaintiff, appropriated the monies to-his own use, and the plaintiff accepted his note for the amount,…
1Opinion of the Court
By the Court,
Sutherland, J.
By the arrangement subsequent to the collection of the monies, the relation of attorney and client ceased, and that of debtor and creditor was created. But if not so, I am of opinion that the defendant cannot be subjected to imprisonment. The second section of the act abolishing imprisonment for debt, Laws of 1831, page 396, under which this application is made, declares that the exemption granted by the first section shall not extend to actions for monies collected by any public officer, or for any misconduct or neglect in office, or in any professional employment;…
2Cited by7 opinions
- In re DaviesSupreme Court of Pennsylvania · 1880
- Badger v. ReadeMichigan Supreme Court · 1878
- Stage v. StevensCourt for the Trial of Impeachments and Correction of Errors · 1845
- Cottrell v. FinlaysonNew York Supreme Court · 1850
- Grangier v. HughesThe Superior Court of the City of New York and Buffalo · 1889
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