Mann v. Fairchild
New York Supreme Court
In Equity. The complainant purchased certain effects of the St. Lawrence Bank, at a receiver’s sale, which took place by the order of the chancellor. This was his title to the claim he was endeavoring to enforce by this suit.
Read the full summary
In Equity. The complainant purchased certain effects of the St. Lawrence Bank, at a receiver’s sale, which took place by the order of the chancellor. This was his title to the claim he was endeavoring to enforce by this suit. To the whole of the complainant’s bill of complaint the defendant pleaded that the complainant was at the time of said purchase, and had ever since been, a practising attorney, solicitor and counsellor in this court, and a copartner with the solicitor who brought this suit; and that intending to injure, oppress and aggrieve the defendant, he purchased said claim with the…
1Opinion of the CourtHand, J.
On the merits, in my opinion, this case is with the complainant. He purchased the claims on a sale of the effects of an insolvent bank, which sale was made by an officer of the court, (Edwards on Receivers, 2,) and in pursuance of its order. I cannot think that the law against attorneys, &c. purchasing choses in action (2 R. S. 288, §§ 71, 75,) extends to such cases. The sale is public, and under the supervision of the court, and must be made to close up the concern, and bears no resemblance to those cases where a member of the bar so far forgets bis place and duty as to seek for and put in…
2Cases cited5 opinions
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Bogardus v. Trinity ChurchNew York Court of Chancery · 1833
- Hughes v. BlakeSupreme Court of the United States · 1821
- Baldwin v. LatsonNew York Court of Chancery · 1847
- People v. WalbridgeNew York Supreme Court · 1829