Legal Opinion

Beers v. Washbond

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 5 opinions

. Appeal by the plaintiff, Ada Beers, from an interlocutory judgment of the Supreme Court in favor of the defendants, Henry ■Havens Washbond and .others, entered in the office of the- clerk of ■the county of- Essex on the 21st day of November, 1902, upon the decision of the court, rendered after a trial at the Essex Special Term, overruling the plaintiff’s demurrer to the second defense set up in the amended answer of the defendants, other than the defend-,an.t Elizabeth…

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. Appeal by the plaintiff, Ada Beers, from an interlocutory judgment of the Supreme Court in favor of the defendants, Henry ■Havens Washbond and .others, entered in the office of the- clerk of ■the county of- Essex on the 21st day of November, 1902, upon the decision of the court, rendered after a trial at the Essex Special Term, overruling the plaintiff’s demurrer to the second defense set up in the amended answer of the defendants, other than the defend-,an.t Elizabeth Washbond. . . The action is brought to foreclose a bond and mortgage. The answer, in part, is as follows : ■ “And said…

1Opinion of the Court

Smith, J.:

Under the Revised Statutes it was provided that an attorney should not buy, or be interested in buying, anything in action with the intent and for the purpose of bringing any suit thereon. (2 R. S. 288, § 71.) It was further provided that no attorney should loan or advance moneys as an inducement to placing or as a consideration for having placed in his hands any demand for collection. (Id. § 72.) For a violation of these provisions the attorney was made liable, criminally, as for a misdemeanor, and it was provided that he should be removed from office in the several courts in which…

2Cases cited2 opinions

  1. Browning v. . MarvinNew York Court of Appeals · 1885
  2. Maxon v. CainAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by5 opinions

  1. Elliott Associates, L.P. v. Banco De La Nacion and the Republic of PeruCourt of Appeals for the Second Circuit · 1999
  2. Elliott Associates, L.P. v. Republic of PeruDistrict Court, S.D. New York · 1998
  3. DMJ Associates, L.L.C. v. CapassoDistrict Court, E.D. New York · 2003
  4. Puro v. PuroAppellate Division of the Supreme Court of the State of New York · 1969
  5. Thompson v. StilesNew York Supreme Court · 1904

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