Lancy v. Havender
Massachusetts Supreme Judicial Court
Contract to recover $819.56, for breach of the following agreement, signed by the defendant and others: “Provincetown, January 17,1879. Having employed Benjamin Lancy, of Provincetown, to collect, or aid us in collecting, our several claims against the Union Wharf Company, of said Provincetown, we hereby agree to pay him fifty per cent of any amount received on our several claims, whether said company shall settle with or without going into insolvency, — the undersigned to…
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Contract to recover $819.56, for breach of the following agreement, signed by the defendant and others: “Provincetown, January 17,1879. Having employed Benjamin Lancy, of Provincetown, to collect, or aid us in collecting, our several claims against the Union Wharf Company, of said Provincetown, we hereby agree to pay him fifty per cent of any amount received on our several claims, whether said company shall settle with or without going into insolvency, — the undersigned to pay no expense, not even from their one half of whatever may be received.” At the trial in the Superior Court, before…
1Opinion of the CourtW. Allen, J.
By the agreement, the plaintiff was to have one half of the amount recovered, and was to make no charge for his services and expenses; and the action is not to recover for services rendered and money paid, but for breach of the agreement. The agreement was clearly champertous under the decisions of this court. Thurston v. Percival, 1 Pick. 415. Ackert v. Barker, 131 Mass. 436. Belding v. Smythe, 138 Mass. 530. In Blaisdell v. Ahern, 144 Mass. 393, the plaintiff’s compensation was to be paid by the defendant, and the amount which might be recovered was referred to only to limit the amount with…
2Cases cited3 opinions
- Blaisdell v. AhernMassachusetts Supreme Judicial Court · 1887
- Ackert v. BarkerMassachusetts Supreme Judicial Court · 1881
- Belding v. SmytheMassachusetts Supreme Judicial Court · 1885
3Cited by9 opinions
- Baskin v. PassMassachusetts Supreme Judicial Court · 1939
- Sherwin-Williams Co. v. J. Mannos & Sons, Inc.Massachusetts Supreme Judicial Court · 1934
- Hadlock v. BrooksMassachusetts Supreme Judicial Court · 1901
- Holdsworth v. HealeyMassachusetts Supreme Judicial Court · 1924
- Weinberg v. MagidMassachusetts Supreme Judicial Court · 1934
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