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· 11/16/1938

Claim of Thumberg v. Roejohn Associates, Inc.

Citations

  • 255 A.D. 910
  • 7 N.Y.S.2d 675
  • 1938 N.Y. App. Div. LEXIS 5838

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that statute is violated \only if the primary purpose of the purchase or taking by assignment of the thing in action is to enable the attorney to commence a suit thereon\ (emphasis added)
  • holding that statute is violated “only if the primary purpose of the purchase or taking by assignment of the thing in action is to enable the attorney to commence a suit thereon” (emphasis added)
  • finding a triable issue of fact raised by defendant's affirmative defense of champerty
  • finding a triable issue of fact raised by defendant’s affirmative defense of champerty
  • “[T]he question of the intent and purpose of the purchaser or assignee is generally one of fact to be decided by the trier of the facts.”
  • “Clearly, then, a bona fide issue of fact is presented as to the intent and purpose of the plaintiff in taking an assignment of the chose in action from the executor.”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.