Rawson v. Porter
Supreme Judicial Court of Maine
This was an action for money had and received, and was tried before Parris J. upon the general issue. It appeared that the defendant, who was a counsellor and attorney of this court, had received sundry demands against the plaintiff, from his creditors, for collection, with directions to secure them by mortgage or responsible sureties ; that he made a writ and caused the plaintiff’s goods to be attached ; that an agreement was made a- few-days afterwards for a compromise of…
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This was an action for money had and received, and was tried before Parris J. upon the general issue. It appeared that the defendant, who was a counsellor and attorney of this court, had received sundry demands against the plaintiff, from his creditors, for collection, with directions to secure them by mortgage or responsible sureties ; that he made a writ and caused the plaintiff’s goods to be attached ; that an agreement was made a- few-days afterwards for a compromise of the action, by. new notes, with a mortgage and a -surety, the, costs to be-paid by -the. debtor; in the execution of…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court.
This case presents the single question whether upon the facts reported, the action is maintainable. Under the instructions of the Judge, the jury returned their verdict for the plaintiff, for the-purpose of having that question decided. Where illegal fees are demanded and received by an officer, whose fees are by law established, he is liable to a penalty. The defendant is not an officer of that description, but a counsellor at law; and the money which he demanded and received of the plaintiff, and for which the present action is brought, was…
2Cases cited3 opinions
- Bliss v. ThompsonMassachusetts Supreme Judicial Court · 1808
- Inhabitants of Lancaster v. PopeMassachusetts Supreme Judicial Court · 1804
- Dunlap v. CurtisMassachusetts Supreme Judicial Court · 1813