New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1916-09-29
dant certain alleged release, which
was in words and figures as fol-
lows
albuquerque, New Mexico,
"NOv. 1st 1913

"Nov. lst, 1918.
Whereas, by article s, of the con-
tract between the Meyers company,
Inc Of albuquerque, New Mexico and
myself, dated January lSt, 1912, said
company is required to make a GER
tam payment to me in the matter of
Alex D. Shaw & Co, of New York,
on the happening of certain events
therein stated
Now, therefore. in consideration
Of the sum Of one dollar and other
valuable considerations to me in
hand, receipt of which is hereby ac-
knowlcdgcd, hereby release said
Meyers company from any payment
to me of the sum of S50288 or any
part thereof mentioned in said ar
ticle 8 as a credit to said Alex D.
Shaw & Co.
"ERNEST MEYERS"
that said respondent Francis Z.
Wood then and there, alleged and
pretended to the court that the said
release constituted valid and admis-
sible evidence of the payment and
discharge of the cause of action up
on which the plaintiff had brought
suit in said court; that said respon-
dent Francis T.. Wood moved and
requested the court to instruct the
jury that said release constitutd
valid and sufficient defense on be-
half of the defendant in said cause,
and that he thereby caused the dis
trict judge then presiding in said
cause to instruct the jury, which
Jury, under the instructions of the
20, ,-E 4 l..
issues for the defendant, that in
truth and in fact the said release
was not valid and lawful release.
discharge or satisfaction OF the said
defendant from liability to the said
Ernest Meyers, and that the said
respondent Francis F. Wood then
and there well knew the same.
Procurement of Release
1t appears from the evidence that
the said release was procured from
the plaintiff Ernest Meyers, for the
purpose of enabling the firm of Alex
d. Shaw & Co., of New York City to
recover from the Meyers company
the sum of $50l8S which had been
placed with the defendant, the Mey-
ers company, by the said ErrIst
WSNtiS d. SNNulity against pOSoIDlC
liability upon a merchandise account
at that time unsettled and disputed.
At the time the said release was
introduced in evidence it appears
from the proofs that the said res
pondent Francis F. Wood was thor
ouphly familiar with all of the facts
and circumstances surrounding the
execution and delivery of the said
release, and knew that the same had
never been delivered to the Meyers
company except for the purpose
hcreinbcfore stated He also knew
at that time that re-assignment of
the said claim had been erecuted by
the said Alex D. Shaw & Co., to the
said Ernest Meyers, which was in
tended to sueprescde and cancel the !
said alleged release.
In consideration Of all the facts |
and circumstances in regard to this /
specification, the court finds that the
said Francis Z. Wood in so introduc-
ing in evidence the said release. was
guilty of deliberate and intentional !
decent OF the district Judge before
yhon the said cause was then be-
ing heard, and that his conduct re-
quircs punishment.
1t is therefore considered. ordered
and adjudeed by the court that said
Francis F. Wood be, and he is here
by, suspended from further practice
in the courts OF New Mexico as an
attorney at law for and during the
period Of one year from the date
thereof.
The third specification III the ac
cusation was dismissed.
The fourth specification of the ac-
cusation was dismissed i
The fifth specification under the
charges presented was dismissed.
The sixth specification of the
charges against the respondents was
The seventh charge as incorporat-
ID in the specification of charges
against the respondents is that some
-ime in the month of July 1910. the
,aid Owen N Marion and Francis
:. Wood accepted employment from
one Petra G. Garcia O fthe city OF
New Mexico, in CON 1
lcction with the administration Of
he estate of one Elias G.. Garcia,
deceased. the son of the said Petra
!. Garcia, and that the course OF
aid employment and during the con-
inuance of their relation as attor-
leys and client, the said Marion and
Mood were informed of the eXis
ence of a possible claim AGAINST the
aid estate OF Elias G.. Garcia on
he part of a woman then residing in {
salt Lake City, Utah, which informa- :
ion it is alleged was divulged to the +
ttorneys in question for the purpose {
# enabling them to meet such claim +
hould the same subsequently arise ,
hat thereafter the employment of ,
aid Maroon and Wood was ternin-
ted by the said Petra G.. Garcia, +
ubseuuent to which it is alleged q
hat Owen N. Marion, on behalf of !;
he firm of Marion & Wood wrote r
letter to an attorney in Salt Lake
,ity, Utah, requesting him to put h
n Salt Lake City paper an ad- I
ertisement asking Mrs. Elias Gar 3
ia. the alleged common-law wife of a
aid Elias G. Garcia, deceased, to call |
t the office of said attorney. who n
ad something of importance to s
to her; that as a re-
ult of said advertisement the wo- r
nan in question appeared at the at a
orney's office in Salt Lake CITY and +
employed the said Mar v
nr Z Wood to bring suit in behalf t
i her child which was alleged to D
e the child of Elias G. Garcia.
"The gist of this charge is that the +
aid firm of Marion & Wood. on in n
ormation impaired to them in con- d
ection with their employment by j,
aid Petra c. Garcia, failed to main {