Mann v. Fairchild
New York Supreme Court
This cause came before the court upon appeals by the defendant from orders made by a justice at special term, upon demurrers. The action was brought to enforce the collection of certain demands against the defendant, which had been purchased by the plaintiff at a public sale of the effects of the St. Lawrence Bank, by the receiver of said bank, had under the decretal order of the chancellor.
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This cause came before the court upon appeals by the defendant from orders made by a justice at special term, upon demurrers. The action was brought to enforce the collection of certain demands against the defendant, which had been purchased by the plaintiff at a public sale of the effects of the St. Lawrence Bank, by the receiver of said bank, had under the decretal order of the chancellor. The defendant alledged in his answer, among other matters of defense, that at the time of the purchase of the demands by the plaintiff, he, the plaintiff, was, and still continued to be, an attorney and…
1Opinion of the Court
By the Court, S. B. Strong, J.
The revised statutes provide that no attorney, counsellor or solicitor, shall directly or indirectly buy, or be in any manner interested in buying, any bond, bill, promissory note, bill of exchange, book debt, or other thing in action, with the intent, and for the purpose, of bringing any suit thereon. (2 R. S. 288, § 71.) The claims set forth in the complaint are confessedly such as are described in this statutory prohibition. The defendant alledges in his answer, and the plaintiff admits by his demurrer, that the plaintiff is, and at the time when he purchased…
2Cases cited1 opinion
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by9 opinions
- Russell v. ToddSupreme Court of the United States · 1940
- Hanover Fire Insurance v. Morse Dry Dock & Repair Co.New York Court of Appeals · 1936
- Brotherson v. ConsalusNew York Supreme Court · 1863
- Chance v. Guaranty Trust Co.New York Supreme Court · 1937
- Elliott Associates, L.P. v. Republic of PeruDistrict Court, S.D. New York · 1998
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