Ayrault v. Chamberlin
New York Supreme Court
APPEAL by the defendants from a judgment entered upon the report of a referee. There was no dispute between the parties as to the principal facts in this case. In the year 1844 the defendant Wood and John Young were partners in the practice of the law, and were retained by the plaintiff to foreclose a mortgage given by Alanson Elmer.
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APPEAL by the defendants from a judgment entered upon the report of a referee. There was no dispute between the parties as to the principal facts in this case. In the year 1844 the defendant Wood and John Young were partners in the practice of the law, and were retained by the plaintiff to foreclose a mortgage given by Alanson Elmer. They commenced a suit for that purpose, before the vice chancellor of the eighth circuit, in which Elmer appeared and put in the defense of usury. The cause was brought to a hearing before the vice chancellor and decided against the plaintiff. The cause was…
1Opinion of the Court
By the Court, Johnsou, J.
After a careful and deliberate examination of the questions involved in this case, I have come to the conclusion that the action cannot be maintained against the defendants jointly, upon the facts found by the referee. The defendant Chamberlin was not originally re*86tained by tbe plaintiff, and had no connection whatever with the action, and no interest in it, until after it was brought and had been some time in. process. The attorneys employed by the plaintiff to collect the demand were the defendant Wood, and his then partner, the late Gov. Young. The action was…
2Cases cited3 opinions
- Jackson ex dem. M'Crea v. BartlettNew York Supreme Court · 1811
- Ex parte ShumwayNew York Supreme Court · 1847
- Jerome v. BoeramNew York Supreme Court · 1828
3Cited by3 opinions
- Mobile & Ohio R. R. v. ThomasSupreme Court of Alabama · 1868
- Davis v. PeckNew York Supreme Court · 1867
- Fuller v. RoweNew York Supreme Court · 1871