Beers v. Washbond
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Essex County. Action by Ada Beers against Henry Havens Washbond. From an interlocutory judgment overruling a demurrer to defendant’s second defense, plaintiff appeals. This action is brought to foreclose a bond and mortgage.
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Appeal from Special Term, Essex County. Action by Ada Beers against Henry Havens Washbond. From an interlocutory judgment overruling a demurrer to defendant’s second defense, plaintiff appeals. This action is brought to foreclose a bond and mortgage. The answer, in part, is as follows: “And the said defendants, further answering, allege, upon information and belief, at the time of the alleged purchase of the alleged bond and mortgage mentioned in said complaint, by Benjamin F. Beers, of and from Wallace Murray, the said Benjamin F. Beers was an attorney and counselor at law of this court, and…
1Opinion of the CourtSmith, J.
Under the Revised Statutes it was provided that an attorney should not buy, or be interested in buying, any thing in action, with the intent and for the purpose of bringing any suit thereon. *9942 Rev. St. (1st Ed.) p. 288, pt. 3, c. 3, tit. 2, § 71. It was further provided that no attorney should loan or advance moneys as an inducement to having placed in his hands any demand for collection. Section 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 he was…
2Cases cited3 opinions
- Browning v. . MarvinNew York Court of Appeals · 1885
- Maxon v. CainAppellate Division of the Supreme Court of the State of New York · 1897
- Maxon v. CainAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Elliott Associates, L.P. v. Banco De La Nacion and the Republic of PeruCourt of Appeals for the Second Circuit · 1999
- Elliott Associates, L.P. v. Republic of PeruDistrict Court, S.D. New York · 1998
- DMJ Associates, L.L.C. v. CapassoDistrict Court, E.D. New York · 2003