Charges of Association of the Bar v. Randel
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 15, 1898, disbarring defendant and removing him from office as an attorney and counselor §it law, upon charges of deceit and malpractice preferred by the Association of the Bar of the City of Mew York. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 15, 1898, disbarring defendant and removing him from office as an attorney and counselor §it law, upon charges of deceit and malpractice preferred by the Association of the Bar of the City of Mew York. The facts, so far as material, are stated in the opinion. The moving papers do not sufficiently charge Mr. Eandel with either “deceit” or “ malpractice,” and it was erroneous to put him to a trial thereunder. (Code Civ. Pro. § 67.) The fact that Eandel did not testify raises a…
1Opinion of the CourtBartlett, J.
The material facts out of which this proceeding arises may be briefly stated. One John Magdalinski became the client of the defendant under the following circumstances : Magdalinski is a German musician, a man of little capacity for the transaction of business, and the referee states that in his appearance before him he was even dull in the comprehension of ordinary business terms. He had saved some two thousand dollars, and in September, 1894, desired to invest it; he had a friend named Metzger, also a musician, who held a mortgage for two thousand dollars as guardian for an infant, and…
2Cases cited1 opinion
- Wylde v. Northern Railroad Co. of New JerseyNew York Court of Appeals · 1873
3Cited by51 opinions
- Matter of RoussNew York Court of Appeals · 1917
- Marine Midland Bank v. John E. Russo Produce Co.New York Court of Appeals · 1980
- In re KellyNew York Court of Appeals · 1968
- Sawyer v. Dreis & Krump Manufacturing Co.New York Court of Appeals · 1986
- Doe v. RosenberryCourt of Appeals for the Second Circuit · 1958
46 more not listed; retrieve them via the Exa API.