Aldrich v. Brown
Massachusetts Supreme Judicial Court
Contract for $800 money had and received. The answer alleged that the defendants, who were attorneys at law, received the sum of $2500 in settlement of a suit brought by the plaintiff against the Nashua & Lowell Railroad Corporation, paid $1700 thereof to the plaintiff and retained $800,— $500 for their own fees and disbursements, and $300 for the fees of Theodore H. Sweetser.
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Contract for $800 money had and received. The answer alleged that the defendants, who were attorneys at law, received the sum of $2500 in settlement of a suit brought by the plaintiff against the Nashua & Lowell Railroad Corporation, paid $1700 thereof to the plaintiff and retained $800,— $500 for their own fees and disbursements, and $300 for the fees of Theodore H. Sweetser. The defendants also filed a declaration in set-off for said fees and disbursements, the first item of which was $100 for a retainer. It appeared by the records of the superior court that the case was tried in that…
1Opinion of the Court
By the Court.
This motion cannot be entertained. It must be taken to have been either overruled or waived, when the commissioner was appointed to take the evidence; for if the petition was not regularly before the court, there was nothing here to be referred to a commissioner.
From the report of the commissioner, filed at January term 1870, the following facts appeared :
At the trial in the superior court, before Brigham, C. J., the plaintiff introduced evidence tending to show that he employed the defendants to bring an action against the said corporation; that subsequently, upon the suggestion…
2Cited by4 opinions
- Boswell v. Zephyr Lines, Inc.Massachusetts Supreme Judicial Court · 1993
- Pickens Co. v. ThomasSupreme Court of Georgia · 1922
- Blair v. Columbian Fireproofing Co.Massachusetts Supreme Judicial Court · 1906
- McLellan v. HayfordSupreme Judicial Court of Maine · 1881