· 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).
Sourced from CourtListener / Free Law Project (CC0).
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