In re Lamb

105 A.D. 462, 94 N.Y.S. 331
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 1, 1905
StatusPublished
Cited by5 cases

This text of 105 A.D. 462 (In re Lamb) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Lamb, 105 A.D. 462, 94 N.Y.S. 331 (N.Y. Ct. App. 1905).

Opinion

Pee Curiam :

This is a proceeding brought against an attorney at law for improper and unprofessional conduct. On October 23, 1903, the petition and charges herein were presented to this court by the [463]*463Association of the Bar of the City of New York, and the respondent moved to dismiss them, which motion was denied, and an order was entered on November 13, 1903, directing the respondent to show cause why he should not be suspended from practice or removed from his office of attorney and counselor at law. On .November 20, 1903, the respondent filed his answer to the petition, and by order dated December 30, 1903, the proceeding was referred to Hon. George B. Abbott to take proof upon the issues presented and report the same to the court, together with his opinion in the premises. The referee proceeded to take proof, and on August 24, 1904, filed his report sustaining the charges, and the petitioner now moved for an order confirming said report.

The charges are three in number, designated respectively, “ A,” B ” and “ O,” and in brief are as follows:

Charge A.

That on or about December 29, 1901, a suit was brought in a District Court of the State of Minnesota, entitled Peter Power v. Northern Pacific Railway Company, to restrain the defendant from retiring its preferred stock, the complaint, verified by said Peter Power, alleging that plaintiff now is and for more than six months last past has been the owner and holder of 100 shares of the aforementioned stock (meaning common stock) of the defendant company, and now holds and for more than six months last past has held the certificates representing the issue therof; ” that such statement was relevant and material, and one of the solicitors. for complainant in said suit testified on August 28, 1902, before a special examiner, that he prepared said complaint at the instance of said Lamb, the personal counsel of said Power, in reliance upon statements made by him, and the said Power testified before the special examiner that he verified the complaint upon the professional advice and representations of said Lamb; that on December 30, 1901, said Lamb, as counsel for said Power, swore to an affidavit intended for use and used in said cause, averring that he has read the complaint of Peter Power against the Northern Pacific Railway Company and is familiar with the facts therein set forth; ” that said Lamb testified on August 11 and 21, 1902, and at other times before the special examiner, that the basis for the allegation [464]*464in the complaint and in his affidavit was that Camille Weidenfeld had agreed with him to carry ” 100 shares of said" stock for any person acting as plaintiff in said suit, Peter Power testifying to the same effect; that Camille Weidenfeld testified on August 12, 1902, that no such transaction ever took place, and that Lamb had always told him Power was a stockholder; that the said Lamb well knew .that the allegation in question was false when made, and that it was relevant and material in the suit, and procured said Power to make the statement to induce the court to believe Power a bona fide stockholder, and thus issue a temporary injunction against the defendant, and that the court was so misled and issued such an injunction on December 30, 1901.

Charge B.

That on December 30, 1901, the said cause was removed into the United States Circuit Court for the district of Minnesota, issue was joined, and on December 31, 1901, the injunction was dissolved; that by order of said court, dated January 14, 1902, a special examiner was appointed, who, on July 23, 1902, made an order that the taking of testimony in defendant’s behalf should commence before him at 15 Broad street, Hew York city, July 29, 1902; and on July 24, 1902, upon petition of the secretary of the defendant, an order was made directing that a subpoena issue commanding Peter Power to appear before the special examiner to testify on July 29, 1902; and on July 24 and 25, 1902, copies of said petition and order and original subpoenas thereunder were duly served on Peter Power; that on said day Peter Power did not answer nor did he appear, and said Lamb stated that he had advised his client not to come because the service of the subposna was improper and the court had no jurisdiction, and the special examiner ruled that the service was proper and Power should be produced, which said Lamb declined to do, and he did not appear until August 21, 1902; that on July 10, 1902, Peter Power went to West Hurley, H. Y., and on July 31, 1902, an order to show cause was granted by Hon. Edward B. Thomas, United States judge, directing said Power to show cause why an attachment should not issue against him, punishing him for contempt, and providing that service of the order and papers upon which it was based upon said Power prior to August 5, [465]*4651902, should he sufficient notice to him; that said order and papers were duly served upon said Power on Angustí, 1902, at West Hurley, H. Y., and that fact was communicated to Lamb at the hearing that day; that said Lamb on August 11 and 12 and subsequently in August, 1902, testified that he went to West Hurley on the afternoon of August 4, 1902, and on the following morning he and said Power went from there to Rhinebeck Ferry, whence Lamb returned to Hew York and Power went to Montreal, Canada, in pursuance of an agreement between them, Lamb furnishing Power money to go to Montreal and to provide for his support while there; that the departure of Power from West Hurley to Montreal was advised by said Lamb and the means furnished by him therefor in order to put said Power beyond the reach of process and prevent his attendance in obedience to the court’s order and his testifying which might reveal the falsity of the sworn statement in the complaint as to his ownership of the 100 shares of the defendant’s stock ; that on August 6, 1902, it was ordered that said Power was guilty of contempt and that he be arrested and thereafter said Power was' surrendered to the United States marshal and imprisoned and having on August 21, 1902, testified in said suit, was released by order of the court.

Charge C.

That on August 11, 1902, said Lamb, while duly sworn as a witness in said cause, was asked: “ Q. Who took the certificate to Chicago? ” (meaning a certain certificate for 100 shares of the defendant company), and replied, “ I did.” And he also testified on that day, in reply to questions, that he brought the certificate back to Hew York; that in the meantime he handed it to Mr. Power, who had it quite some time, and, his recollection was, took it to Minneapolis and returned it to him on the way back to Hew York; that it was a fact he carried the certificate himself to Chicago and delivered it to Mr. Power; that he was then asked : “ Q. Is it a fact that Mr. Power retained possession of it until a few days afterward, when you started to return from Minneapolis ? ” and answered: “ I won’t say this, Mr. Guthrie, that I took the stock in my own physical possession, but I was in custody of it and I was charged with the [466]

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Bluebook (online)
105 A.D. 462, 94 N.Y.S. 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lamb-nyappdiv-1905.