Howe v. Fiduciary Trust Co.

INTRODUCTION

Chester Howe brings this action against the estates of his former law partners, Richard Ely and Arthur P. Schmidt, seeking indemnification for his payment in settlement of the judgment that was affirmed by the Supreme Judicial Court in Williams v. Ely, 423 Mass. 467 (1996) (“the underlying action”). The defendants have counterclaimed, seeking indemnification from Howe for their contributions to the same settlement. Presently before the Court are cross-motions for summary judgment. For the reasons that will be explained, the plaintiffs motion will be allowed and the defendants’…