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In re Penn

In the Matter of James H. Penn, an Attorney

In re Penn, 196 A.D. 764 (1921)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
May 13, 1921
Judges
Dowling
Citations
196 A.D. 764188 N.Y.S. 1931921 N.Y. App. Div. LEXIS 5604
Headnotes
Attorney and client — disciplinary proceedings — attorney censured for threatening criminal prosecution. Attorney, who wrote a letter to a woman demanding on behalf of a client the return of an engagement ring and other valuables and stating that the recipient was liable to criminal prosecution but that if she returned the property no further proceedings would be taken, censured only for his imprudent act, in view of his youth, inexperience and previous good character.
Summary
Disciplinary proceedings instituted by the Bar Association of the City of New York.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Dowling

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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 *765 to 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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1924: 11925: 11930: 119242026peak 1924 · 1

Relies on it most ⓘ

  1. Pace v. North Dakota Workmen's Compensation Bureau201 N.W. 348 (N.D. 1924)
  2. Gasca v. Texas Pipe Line Co.2 La. App. 483 (1925)
  3. In re Gelman230 A.D. 524 (1930)

Most recent

  1. In re Gelman230 A.D. 524 (1930)
  2. Gasca v. Texas Pipe Line Co.2 La. App. 483 (1925)
  3. Pace v. North Dakota Workmen's Compensation Bureau201 N.W. 348 (N.D. 1924)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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