Barry v. Capen

This is an action upon a special contract to pay the plaintiff, a member of the bar, one thousand dollars for professional services. The case was tried by the judge below without a jury. When the evidence was all in, the counsel for the defendant asked the judge to rule “ that the contract of service and the services rendered were, in part, of such a character as were against public policy and illegal, and thereby vitiated the contract, and that the plaintiff could recover nothing.” The judge refused so to rule, and found for the plaintiff. The question before us, therefore, is not what we…