Legal Opinion

Maxon v. Cain

Appellate Division of the Supreme Court of the State of New York

Decided November 10, 1897PublishedCited by 4 opinions

Appeal from trial term, Saratoga county. Action by George W. Maxon against John J. Cain and Rachel Annie Cain, impleaded. From a judgment for plaintiff, defendants apposl. Reversed. Argued before PARKER, P. J., and LANDON, HERRICK, PUTNAM, and MERWIN, JJ.

1Per curiam

This action was brought upon a bond and mortgage. 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 transac*856tions thus prohibited. Browning v. Marvin, 100 N. Y. 144, 149, 2 N. E. 635. After a careful consideration of the evidence contained in the case, we reach a conclusion different from that arrived at by the learned trial judge. The plaintiff purchased the bond and mortgage on the…

2Cases cited1 opinion

  1. Browning v. . MarvinNew York Court of Appeals · 1885

3Cited by4 opinions

  1. Steele v. LippmanAppellate Terms of the Supreme Court of New York · 1909
  2. Beers v. WashbondAppellate Division of the Supreme Court of the State of New York · 1903
  3. Drake v. NORTHWEST NATURAL GAS COMPANYCourt of Chancery of Delaware · 1960
  4. Drake v. Northwest Natural Gas Co.Court of Chancery of Delaware · 1960

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