Keyes v. McKerrow
Massachusetts Supreme Judicial Court
Contract by an attorney at law against a trustee in bankruptcy for $75 had and received by the defendant to the plaintiff’s use.
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Contract by an attorney at law against a trustee in bankruptcy for $75 had and received by the defendant to the plaintiff’s use. Writ in the Municipal Court of the City of Boston, dated May 19, 1899. On appeal to the Superior Court, the case was tried before Maynard, J. The defendant asked for rulings, that upon all the evidence the plaintiff was not entitled to recover, and that the contract alleged to have been made by the "plaintiff and defendant was void as contrary to public policy. The judge refused to make either of these rulings. The jury returned a verdict for the plaintiff in the…
1Opinion of the Court
Kkowltoít, J.
The evidence at the trial tended to show that the defendant was the trustee in bankruptcy of one Damon, that Damon made a composition with his creditors and paid into court a sum of money sufficient to pay the percentage due them, the costs of court, and all charges and expenses of the defendant as trustee; that the clerk of the court sent the defendant a check which was afterwards paid, and which covered these charges and expenses, and that in the expenses was included the sum of $75 for attorney’s fees allowed to the plaintiff for services rendered to the trustee. This suit is…
2Cited by2 opinions
- Callahan v. IsraelMassachusetts Supreme Judicial Court · 1904
- In re SmithCourt of Appeals for the Sixth Circuit · 1913