Baldwin v. Latson
New York Court of Chancery
This was an application by J. W. Latson, one of the defendants, to open the order closing the proofs in this cause, and all subsequent proceedings therein, and to let him in to prove the defence set up in his answer. The bill was filed to foreclose a mortgage upon the Pearl-street House, in the city of New-York, there being several prior mortgages upon the same premises. The bond and mortgage were assigned to the complainant a few days before the commencement of this suit.
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This was an application by J. W. Latson, one of the defendants, to open the order closing the proofs in this cause, and all subsequent proceedings therein, and to let him in to prove the defence set up in his answer. The bill was filed to foreclose a mortgage upon the Pearl-street House, in the city of New-York, there being several prior mortgages upon the same premises. The bond and mortgage were assigned to the complainant a few days before the commencement of this suit. And the defendant Latson in his answer set up as a defem that the complainant was an "attorney of the supreme court, and…
1Opinion of the Court
The Chancellor.
The statute makes it a criminal offence for an attorney, counsellor or solicitor, to buy any bond, bill, promissory note, bill of exchange, book debt, or other thing in action, for the purpose of bringing any suit thereon. And this provision of the statute unquestionably applies to the purchase of a chose in action for the .purpose of instituting a suit *308theyeon in equity, as well as to the purchase with the intention of. bringing a suit thereon at law. The case of Hall v. Gird, (7 Hill’s Rep. 586,) only decides that the particular remedy given to the defendant, by a subsequent…
2Cited by12 opinions
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- Browning v. . MarvinNew York Court of Appeals · 1885
- Wightman v. CatlinAppellate Division of the Supreme Court of the State of New York · 1906
- Brotherson v. ConsalusNew York Supreme Court · 1863
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