Fowler v. Callan
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the dismissal of a complaint. The action was brought to recover possession of one undivided half of premises conveyed by a quit claim deed dated May 5th, 1885,- executed and delivered to plaintiff, an attorney at law, by defendant Callan.
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Appeal from a judgment of this court entered upon the dismissal of a complaint. The action was brought to recover possession of one undivided half of premises conveyed by a quit claim deed dated May 5th, 1885,- executed and delivered to plaintiff, an attorney at law, by defendant Callan. Plaintiff under same date delivered to defendant Callan his agreement to render for said defendant all necessary and requisite legal services to secure him the title to the entire premises, and to save him from the payment of any costs and expenses. The deéd was given as advanced payment for the professional…
1Opinion of the CourtBeach, J.
[After stating the facts as above.]—The agreement and the deed were void, the latter being in contravention of the statute then in force (2 R. S. 288 § 72). This enactment prohibits an attorney from agreeing to advance money to any person as an inducement to the placing or in consideration of having placed in his hands any debt, demand or thing in action for collection.
It may be questionable whether or not the subject matter of the agreement technically falls within the statutory specification of “ debt, demand or thing in action for collection.” I think “ demand ” has a meaning broad enough…
2Cases cited4 opinions
- Sedgwick v. . StantonNew York Court of Appeals · 1856
- Coughlin v. New York Central & Hudson River RailroadNew York Court of Appeals · 1877
- Brotherson v. ConsalusNew York Supreme Court · 1863
- Voorhees v. DorrNew York Supreme Court · 1868
3Cited by2 opinions
- Ransom v. CuttingAppellate Division of the Supreme Court of the State of New York · 1906
- Ransom v. CuttingAppellate Division of the Supreme Court of the State of New York · 1906