Scott v. Harmon
Massachusetts Supreme Judicial Court
Contract by an attorney to recover for services and disbursements in a suit brought by him for the defendant against David G. Leavitt, to enforce a mechanic’s lien.
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Contract by an attorney to recover for services and disbursements in a suit brought by him for the defendant against David G. Leavitt, to enforce a mechanic’s lien. At the trial in the superior court, before Devens, J., the plaintiff put in the report of an auditor in his favor; but it appeared that the services and disbursements sued for were all rendered and made under the following agreement, signed and sealed by the defendant: “ November 11, 1869. In consideration of one dollar, the receipt of which I hereby fully acknowledge, I hereby agree to give or allow and pay to G. C. Scott the…
1Opinion of the CourtColt, J.
Champerty is defined to be “the unlawful maintenance of a suit in consideration of some bargain to have part of the thing in dispute or some profit out of it,” “ whereupon the champertor is to carry on the party’s suit at his own expense.” 1 Hawk. P. C. ce. 83, 84. 4 Bl. Com. 135.
The agreement relied on here does not come within this definition. There is no undertaking, disclosed or implied, on the part of the plaintiff, to carry on any suit at his own expense; or to look alone to that which might be recovered, for his compensation. It does not appear that his pay was dependent on his…
2Cited by13 opinions
- McInerney v. Massasoit Greyhound Association, Inc.Massachusetts Supreme Judicial Court · 1971
- Baskin v. PassMassachusetts Supreme Judicial Court · 1939
- Blaisdell v. AhernMassachusetts Supreme Judicial Court · 1887
- Ackert v. BarkerMassachusetts Supreme Judicial Court · 1881
- Sherwin-Williams Co. v. J. Mannos & Sons, Inc.Massachusetts Supreme Judicial Court · 1934
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