Cushing v. Inhabitants of Stoughton
Massachusetts Supreme Judicial Court
This was an action of assumpsit to recover for the services of the plaintiff, as an attorney and counsellor at law, rendered in behalf of the defendants.
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This was an action of assumpsit to recover for the services of the plaintiff, as an attorney and counsellor at law, rendered in behalf of the defendants. At the trial before Hoar, J., in the court of common pleas, the following facts appeared : — The town of Stoughton, on the 13th of March-, 1837, elected three trustees to receive and take charge of the town’s share of the surplus revenue of the United States, amounting to $3.600. The trustees received the same accordingly, and invested it in a mortgage of real estate, the interest of which was paid over to the town and applied to the support…
1Opinion of the CourtDewey, J.
The plaintiff seeks to recover of the defendants for professional services, as an attorney and counsellor at law, in defending a suit in equity instituted against the town of Stoughton, having for its object the restraining of the defendants from distributing their portion of the proceeds of the surplus revenue contrary to law.
The ground now taken is, that these services, having been rendered in aid of the defendants, who were attempting to do an illegal act, furnish no ground for sustaining an action at law to recover compensation therefor.
This case does not fall within the principle of…
2Cases cited1 opinion
- Stetson v. KemptonMassachusetts Supreme Judicial Court · 1816
3Cited by3 opinions
- United States v. The Ambrose LightDistrict Court, S.D. New York · 1885
- Dole v. New England Mutual Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1864
- Doster v. HoweSupreme Court of Kansas · 1882