Cunniff v. McDonnell

This is an action of contract to recover of the defendant her proportionate share of the sum paid by the plaintiffs to settle an alleged joint liability. The presiding judge directed a verdict for the defendant and reported the case. “ If upon the pleadings and the evidence . . . the defendant is liable, judgment is to be entered for the plaintiffs for the amount claimed in the declaration, but if the defendant is not liable, judgment is to be entered on the verdict.” As we construe the reservation the case is to stand for trial, unless, upon the pleadings and the evidence, as matter of law…