Appellate Division of the Supreme Court of New York, 1921

In re Penn

Appellate Division of the Supreme Court of New York · Decided May 13, 1921 · Dowling

196 A.D. 764; 188 N.Y.S. 193; 1921 N.Y. App. Div. LEXIS 5604

Counsel

Einar Chrystie, for the petitioner., James H. Penn, respondent in person.

Cases that cite this one

3 later published cases cite this decision.

In re Gelman (Appellate Division of the Supreme Court of New York 1930)
Gasca v. Texas Pipe Line Co. (La. Ct. App. 1925)
Pace v. North Dakota Workmen's Compensation Bureau (N.D. 1924)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Dowling, J.

The respondent was admitted to practice as an attorney and counselor at law in the State of New York in November, 1919, and has practiced as such since his admission. On September 14, 1920, on behalf of a client he wrote a letter *765to a lady demanding, on behalf of his client, the return of a diamond engagement ring and other valuables, with a statement that the recipient of the. letter was liable for criminal prosecution, but that if she returned the property no further proceedings would be taken. The respondent admits the sending of the letter, admits that it was an improper letter and that if he had given proper consideration to the matter he would never have sent it, avers that the letter was written without any remuneration and as an act of friendship, and pleads his youth and inexperience in mitigation of the offense. He had previously been admitted to practice in the State of New Jersey and has produced certificates from officials in that State who knew him intimately and who certify to his good character and repute.

In view of the respondent’s youth and inexperience, he is censured for his imprudent act and the proceedings will be dismissed.

Latighlin, Page, Merrell and Greenbatjm, JJ., concur.

Proceeding dismissed. Settle order on notice.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.