In re Enright

• Decision Date: 21 February 1895
• Citation: 31 A. 786,67 Vt. 351
• Parties: IN RE J. J. ENRIGHT
• Court: Vermont Supreme Court

31 A. 786

67 Vt. 351

IN RE J. J. ENRIGHT

Supreme Court of Vermont

February 21, 1895

JANUARY TERM, 1895

Judgment that Mr. Enright is removed from the office of attorney at law and from the office of solicitor in chancery.

J L. Cushman for prosecution.

W L. Burnap and Henry Ballard for Enright.

Taft J., excused himself from acting, as the matter arose in the county where he resides.

OPINION

PER CURIAM

Mr Enright is a duly admitted and sworn attorney of this court and under the law by virtue thereof, entitled to practice in the other courts of the state. As such attorney, he brought a suit in favor of Matthew Bingham against the Phoenix Insurance Company, of New York. Mr. E. R. Hard was the attorney for the insurance company, and Mr. U. C. Crosby its agent. Subsequently Mr. Bingham died, and Mr. Enright and Mr. Dodds were duly appointed executors of Mr. Bingham's will, and as such entered to prosecute the suit. Mr. Enright continued to act as attorney for the plaintiffs, but, some disagreement having arisen between Mr. Enright and Mr. Dodds, the latter employed another attorney to appear and act for him. On the trial of this suit, at the April term of Chittenden County Court, 1894, evidence was given that Mr. Enright, before the trial, had approached Mr. Hard and told him that the Bingham estate was owing him considerable, and that if Mr. Hard could influence the company to pay him claim, or four hundred dollars, he would impart to him information which would be absolutely sure to insure the defence in that case. Evidence was also given that, on another occasion, before the trial, Mr. Enright had an interview with Mr. Crosby, and told him that he was tired and disgusted with the case, and that Mr. Dodds, his co-executor, was a rascal, that he had got more or less money in it; and that he had in his possession facts which if placed in the possession of the company would make the defence of the suit absolute, and if he could be remunerated he would put Mr. Crosby in possession of such facts. Knowledge that such testimony had been given having come to this court, the court, of its own motion, filed an order directing the state's attorney of Chittenden County to file charges of unprofessional conduct against Mr. Enright, stating therein the matters which had appeared in evidence on the trial, and calling upon Mr. Enright to make answer to the charges so made. Mr. Enright filed his answer, specifically and generally, denying the charges. This court referred the matter, for hearing, and for the determination of the truth of the charges, to two members of the bar of the state, and prominent members of the bar association. This committee having fully heard the state's attorney, Mr. Enright and their respective witnesses, in respect to such charges, have reported that they find that Mr. Enright, while the suit against the insurance company, in which he was one of the plaintiffs, as executor of Mr. Bingham's will, and attorney, was pending, did in substance make the proposition set forth in the charges to Mr. Hard, as the attorney of the insurance company, and to Mr. Crosby, its agent. The committee do not find that Mr. Enright had knowledge of any such facts as would make an absolute defence for the insurance company; and report that there was no evidence before them, except his statements to Mr. Hard and to Mr. Crosby, that he had knowledge of any such facts. They, in substance, find that these statements of Mr. Enright, that he had knowledge of such facts, are not to be credited; and find that he is not guilty of knowingly suing or prosecuting a false...