Story v. Satterlee
New York Court of Common Pleas
Appeal from a judgment of this court sustaining a demurrer to one of the defenses in an answer. The defense demurred to was, substantially, that, at and prior to the time of the commencement of the action; one Edward H. Strobel, one Austin Huntington, and one George A. Miller were attorneys and counselors at law in the State of New York, and that said Miller was the attorney for the plaintiff in this action; that Huntington, as an inducement to the placing, or in…
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Appeal from a judgment of this court sustaining a demurrer to one of the defenses in an answer. The defense demurred to was, substantially, that, at and prior to the time of the commencement of the action; one Edward H. Strobel, one Austin Huntington, and one George A. Miller were attorneys and counselors at law in the State of New York, and that said Miller was the attorney for the plaintiff in this action; that Huntington, as an inducement to the placing, or in consideration of having placed, in his hands or in the hands of Strobel or Miller the demand alleged in the complaint, for the…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The case of Sail v. Gird (7 Hill 586), is directly in point. It was held in that case, that the purchase of a demand by an attorney for prosecution in violation of the statute, does not annul the demand itself; that it constitutes no defense to the debtor, who is not, for that cause, to have a verdict. The agreement in that case was set up as a defense to an equitable action for the foreclosure of a mortgage; but the ground upon Avhich the decision was placed, does not limit its application to actions equitable in their nature; but applies equally to actions…
2Cited by2 opinions
- Broder v. BrasselleNew York Supreme Court · 1957
- Schwabe v. HerzogAppellate Division of the Supreme Court of the State of New York · 1914