Cooke v. Plaisted
Massachusetts Supreme Judicial Court
Contract, to recover a balance of $2,681.21 for services rendered as an attorney, and cash paid by the plaintiff for the defendant.
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Contract, to recover a balance of $2,681.21 for services rendered as an attorney, and cash paid by the plaintiff for the defendant. The answer set up, among other things, that the employment of the plaintiff was for the limited purposes of getting the defendant a discharge from his debts, and of litigation with the defendant’s wife; that the defendant was mentally unsound, and incapable of making a contract; and that the plaintiff and one John A. Fowle had conspired together to defraud him of his property. The defendant also filed a declaration in set-off. At the trial in' the Superior Court,…
1Opinion of the CourtMobtdk, J.
The plaintiff seeks to recover for services performed and disbursements made for the defendant as an attorney at law. The services began in connection with an assignment made by the defendant for the benefit of his creditors, in which the plaintiff was one of the assignees or trustees. The account, which is a long one, includes, however, only one item in which a charge is made for services as assignee or trustee, and that embraces also services rendered as an attor*382ney. It fairly may be said, therefore, that the action relates to the plaintiff’s services and disbursements as an attorney at law…
2Cases cited2 opinions
- Hicks v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1895
- Moseley v. WashburnMassachusetts Supreme Judicial Court · 1897
3Cited by4 opinions
- Adams v. HerbertMassachusetts Supreme Judicial Court · 1963
- Muldoon v. West End Chevrolet, Inc.Massachusetts Supreme Judicial Court · 1958
- Cooke v. PlaistedMassachusetts Supreme Judicial Court · 1902
- Russel v. WardMassachusetts Land Court · 1908