Belding v. Smythe
Massachusetts Supreme Judicial Court
Bill in equity to compel the delivery to the plaintiff, for cancellation, of two instruments in writing executed by her, on the ground that they constituted an agreement between the plaintiff and the defendant, which was void for champerty and maintenance, and could not be upheld in equity.
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Bill in equity to compel the delivery to the plaintiff, for cancellation, of two instruments in writing executed by her, on the ground that they constituted an agreement between the plaintiff and the defendant, which was void for champerty and maintenance, and could not be upheld in equity. The first instrument, dated August 16, 1883, recited that the defendant, a counsellor at law, had discovered that one William Hale had died intestate, leaving an estate to be administered upon, which was then in the hands of one Schouler, a public administrator for the county of Suffolk; that the defendant…
1Opinion of the CourtField, J.
The two agreements, taken together, purport to assign to the defendant one half of the interest of the plaintiff in the estate of William Hale, and to authorize the defendant to prosecute the plaintiff’s claim against the estate and receive the sum recovered; with the provision that the plaintiff shall be saved harmless from all costs and charges if the defendant is unsuccessful in establishing the claim, and, if he is successful, that the amount of the cash expenses shall first be deducted from the sum recovered, and shall be retained by the defendant, and the remainder be divided equally…
2Cases cited2 opinions
- Ackert v. BarkerMassachusetts Supreme Judicial Court · 1881
- Williams v. FowleMassachusetts Supreme Judicial Court · 1882
3Cited by17 opinions
- Peck v. HeurichSupreme Court of the United States · 1897
- Berman v. CoakleyMassachusetts Supreme Judicial Court · 1923
- Colby v. Title Insurance & Trust Co.California Supreme Court · 1911
- Gill v. Richmond Co-operative Ass'nMassachusetts Supreme Judicial Court · 1941
- Baskin v. PassMassachusetts Supreme Judicial Court · 1939
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