Gargano v. Pope
Massachusetts Supreme Judicial Court
Bill in equity, filed June 28,1902, to enforce the payment of f550 due to the plaintiff from the defendants Pope and Davis, and to set aside a contract between the plaintiff and the defendants Dowd and Tebbetts whereunder they claimed two thirds of the-amount so due.
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Bill in equity, filed June 28,1902, to enforce the payment of f550 due to the plaintiff from the defendants Pope and Davis, and to set aside a contract between the plaintiff and the defendants Dowd and Tebbetts whereunder they claimed two thirds of the-amount so due. The contract in question was as follows: “ Agreement between Maria L. S. Gargano, of New York City, widow of Carmine Gargano, who was accidentally killed July 3, 1900, at,East Boston, Mass., party of the first part, and George W. Tebbetts and Frederick 0. Dowd, attorneys at law, both of Boston, county of Suffolk and Commonwealth…
1Opinion of the CourtLoring, J.
The only exception to the master’s report taken by the defendants Tebbetts and Dowd is that he erred in his finding of law that the agreement in question was void for champerty.
The master’s finding is as follows: “ Findings of Law. ... I find that the said agreement is void for champerty. It is a contract by the defendants to prosecute a suit at law for a percentage of the proceeds. There is no indication that there was to be any compensation in case of failure, and in case of success a debt for services was not in the contemplation of the parties. The provision as to lien was inserted to…
2Cases cited4 opinions
- Hadlock v. BrooksMassachusetts Supreme Judicial Court · 1901
- Cook v. RichardsonMassachusetts Supreme Judicial Court · 1901
- Cox v. DonnellySupreme Court of Arkansas · 1879
- Niles v. GrahamMassachusetts Supreme Judicial Court · 1902
3Cited by13 opinions
- Berman v. CoakleyMassachusetts Supreme Judicial Court · 1923
- Gill v. Richmond Co-operative Ass'nMassachusetts Supreme Judicial Court · 1941
- Baskin v. PassMassachusetts Supreme Judicial Court · 1939
- Sherwin-Williams Co. v. J. Mannos & Sons, Inc.Massachusetts Supreme Judicial Court · 1934
- Bancroft Trust Co. v. CananeMassachusetts Supreme Judicial Court · 1930
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