Barr v. Walling
Supreme Court of Rhode Island
Exceptions to tbe Court of Common Pleas. This action was assumpsit brought in tbe Justice Court of tbe town of Scituate and carried by tbe defendant’s appeal to tbe Court of Common Pleas.
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Exceptions to tbe Court of Common Pleas. This action was assumpsit brought in tbe Justice Court of tbe town of Scituate and carried by tbe defendant’s appeal to tbe Court of Common Pleas. Tbe defendant pleaded in set-off a counter claim of $55, for that heretofore “ said Barr by deed of warranty conveyed certain real estate to this defendant, and afterwards one William R. Page brought a suit in trespass against said defendant, whereupon in consideration that said defendant would defend the title to said estate, he the said plaintiff,” i. e. Barr, “ agreed to pay the expenses, and this…
1Opinion of the Court
Pee Curiam.
We think the exceptions ought to be sustained. Admitting that the plaintiff had no pecuniary interest in defending the action of trespass brought by Page against the defendant, and was under no obligation to take the defence of it upon itself, it does not follow that it was not competent for him to do so with the defendant’s consent. If he had done so directly, and had employed the lawyer and incurred the other expenses, without the intervention of the defendant, there can be no question that an action would lie against him in behalf of the lawyer and for such expenses. Why, then,…
2Cited by1 opinion
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