Legal Opinion

Campbell v. Toner

Massachusetts District Court, Appellate Division

Decided February 2, 2005PublishedCited by 1 opinion

1Opinion of the CourtCoven, J.

This is a breach of contract action by plaintiff-attorney Diana Butt Campbell (“Campbell”) to recover $24,466.11 in unpaid fees allegedly owed for legal services rendered in the probate of an estate for which defendant Nancy C. Toner (‘Toner”) was the executrix.

After a summary judgment for Toner was vacated by this Division,1 the action was tried without a jury. The trial judge found that Toner did not contract with Campbell in an individual capacity and was thus not personally liable for legal services Campbell provided to her in her role as executrix. Judgment was entered for Toner, and…

2Cases cited12 opinions

  1. Fashion House, Inc. v. K Mart Corporation, Fashion House, Inc. v. K Mart CorporationCourt of Appeals for the First Circuit · 1989
  2. Jefferson Insurance Co. of New York v. City of HolyokeMassachusetts Appeals Court · 1987
  3. Merrimack Valley National Bank v. BairdMassachusetts Supreme Judicial Court · 1977
  4. Suffolk Construction Co. v. Lanco Scaffolding Co.Massachusetts Appeals Court · 1999
  5. Cady v. MarcellaMassachusetts Appeals Court · 2000

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3Cited by1 opinion

  1. Campbell v. TonerMassachusetts District Court, Appellate Division · 2006

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