In the Matter of H____, an Attorney
New York Court of Appeals
Appeal from order of the General «Term of the Supreme Court, in the first judicial department, made April 1, 1880, which afiirmed an order of Special Term, directing H., an attorney, to restore to the complainant herein a policy of insurance. • The proceedings were instituted upon an order to show cause based upon an affidavit, which averred, thatH. was an attorney of the Supreme Court; that deponent delivered to him the policy in question, with a power of attorney, “ for…
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Appeal from order of the General «Term of the Supreme Court, in the first judicial department, made April 1, 1880, which afiirmed an order of Special Term, directing H., an attorney, to restore to the complainant herein a policy of insurance. • The proceedings were instituted upon an order to show cause based upon an affidavit, which averred, thatH. was an attorney of the Supreme Court; that deponent delivered to him the policy in question, with a power of attorney, “ for the special purpose of enabling him to perfect or confirm the rights of deponent in and under said policy,” and upon the…
1Opinion of the CourtFinch, J.
We cannot sustain this order; it is founded rather upon suspicion than proof. It may be just to characterize the attorney’s affidavit as evasive and disingenuous, which appears to have been the impression made by it upon the General Term, but, nevertheless, it raised a distinct issue not to be disregarded, and interposed a barrier to a decision without further inquiry. The proceeding instituted was not one to disbar the attorney for unprofessional conduct, and the rules- governing such a case are not necessarily applicable here. Neither was it a proceeding under the Code (§§ 14, 2281, 2283,…
2Cases cited1 opinion
- In the Matter of the Application of KnappNew York Court of Appeals · 1881
3Cited by33 opinions
- People Ex Rel. Karlin v. CulkinNew York Court of Appeals · 1928
- Gair v. PeckNew York Court of Appeals · 1959
- Ruckenbrod v. MullinsUtah Supreme Court · 1943
- Matter of WeitlingNew York Court of Appeals · 1935
- McCurdy v. HughesNorth Dakota Supreme Court · 1933
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