Maxon v. Cain
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John J. Cain and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 4th day of May, 1897, upon the decision of the court rendered after a trial at the Saratoga Trial Term before the court without a jury.
1Opinion of the Court
Per Curiam :
This action was brought to foreclose a bond and mortgage given by the defendant, John J. Cain, which the plaintiff claimed had been assigned to him. The sole defense was, that the plaintiff, an attorney, purchased them with the intent and for the purpose of bringing an action thereon in violation of the provisions of section 73. of the Code of Civil Procedure, and that no cause of action can arise out of the transactions thus prohibited. (Browning v. Marvin, 100 N. Y. 144, 149.)
After a careful consideration of the evidence contained in the case, we reach a conclusion different…
2Cases cited1 opinion
- Browning v. . MarvinNew York Court of Appeals · 1885
3Cited by6 opinions
- Beers v. WashbondAppellate Division of the Supreme Court of the State of New York · 1903
- Tilden v. AitkinAppellate Division of the Supreme Court of the State of New York · 1899
- Beers v. WashbondAppellate Division of the Supreme Court of the State of New York · 1903
- Drake v. NORTHWEST NATURAL GAS COMPANYCourt of Chancery of Delaware · 1960
- Drake v. Northwest Natural Gas Co.Court of Chancery of Delaware · 1960
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