105 N.Y.S. 84 | N.Y. App. Div. | 1907
The referee to whom it was referred to take proof of the charges against this attorney has reported upon the facts, and his findings of fact, which are certainly as favorable to the respondent as the evidence would warrant, are as follows:
On or about the 16th day of February, 1895, one John J. Foley
Mrs. Foley subsequently learned that on or about December 17, 1896, the award for the said real property, which with interest to that date amounted to $2,280.17, had been deposited with the Knickerbocker Trust Company, subject to withdrawal pursuant to the further order of the court.
The necessary proceedings having been taken and Mrs. Foley duly appointed guardian of her said infant children, an order was duly entered directing the' Knickerbocker Trust Company to pay and distribute the moneys deposited with it as ’ aforesaid, together with such interest as had accumulated thereon, aggregating $2,304.53,-to Mrs. Foley individually and as such guardian in the following proportions, to wit: The sum of $474.73 to Elizabeth Foley individually, and four sums of $475.45 each to Elizabeth Foley as guardian of each of her said infant children respectively.
On or about the 14th day'of July, 1897, the Knickerbocker Trust Company paid the various amounts as directed by said order, by delivering checks therefor to Mr. Cohn.
Thereafter, induced thereto by Mr. Colin, the said Elizabeth Foley indorsed the said checks in- blank and delivered the same to him, upon his agreeing immediately to deposit the same to her credit in the State Trust Company of New York.
Thereafter Mrs. Foley learned that Mr. Colin had.appropriated said moneys to his own use, and' she thereupon engaged counsel, who succeeded in collecting the sum of $885 from Mr. Cohn on account thereof. This sum was collected in installments of about $50 each, and the last payment was made some time in the year 1900. In the Course of the negotiations Mr. Cohn informed.Mrs.' Foley’s counsel that he liad invested the aforesaid moneys in bond and mortgage in her behalf.. This s,tatement was false and untrue.
After paying the said sum of $885 Mr. Cohn refused to make further payments and claimed the balance of. said moneys in hi;hands as a fee for his services in the aforesaid condemnation proceedings,- and thereafter, in the rfionth of April, 1902, Mrs. Foley, not having received any further payments from Mr. Cohn, again . retained counsel for the purpose- of compelling him' to pay the' balance still due to.her. Thereafter, in a■ summary proceeding instituted against Mr. Cohn for that purpose, Mr. Cohn opposed the application for an order directing him. to pay Mrs. Foley the' balance .due to her. The matter was heard.before a referee, who reported that the sum of $382.92, together with costs and disbursements amounting to' $240, .was still due from Mr.. Cohn to Mrs. Foley,, and an order directing him to pay said sums was thereafter duly'entered and served'upon him.
Thereafter Mr. Cohn paid to Mrs. Foley the sum of $175, in installments of $50 or $25.each on account of the.sum still due to her,, but after paying that' amount he failed to further comply with the terms of the order entered in the-said summary proceedings "as aforesaid. ■ ... 1 '
' .• Thereafter proceedings were instituted for the purpose of' punishing Mr. Cohn for his contempt in failing to comply with' the terms of the said order, and after he had been declared in contempt of court and liable to arrest, lie paid the. balance due to Mrs. Foley some time in the month of July, 1903. ' . .
While accepting these conclusions of fact • we find Ourselves
We aré able to find in this case nothing but that of an' attorney who has misappropriated his client’s money, and has for six' years vigorously contested every effort to compel him to make restitution. It follows that the respondent must be disbarred. 1
Present — Ingraham, McLaughlin, ■ Laughlin, Clarke and Soott, JJ. . . .
Eespondent disbarred.