Barrett v. Towne
Massachusetts Supreme Judicial Court
Two ACTIONS OF CONTRACT to recover for disbursements made and services rendered by the plaintiffs in accordance with agreements of the defendants’ testator with the plaintiffs, severally, to pay for the expense of the defence of his brother James N. Tyner, under indictment with the plaintiff Barrett in the Supreme Court of the District of Columbia.
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Two ACTIONS OF CONTRACT to recover for disbursements made and services rendered by the plaintiffs in accordance with agreements of the defendants’ testator with the plaintiffs, severally, to pay for the expense of the defence of his brother James N. Tyner, under indictment with the plaintiff Barrett in the Supreme Court of the District of Columbia. Writs in the Superior Court for the county of Hampden dated October 24, 1905. The cases were tried together before Schofield, J., without a jury, who refused to rule that the contract made by each plaintiff with the defendants’ testator was…
1Opinion of the CourtBraley, J.
These are actions of contract to recover for disbursements incurred and professional services rendered at the request of the testator in behalf of his brother, who had been jointly indicted with the plaintiff Barrett for a conspiracy under the provisions of TJ. S. Rev. Sts. § 5440. The contract into which the parties entered at the time Barrett was employed to assist in the defence is stated by the auditor in these words: “ The testator expressed to the plaintiff his desire that on account of his brother’s reputation and his own wish to clear his name the best possible defence should be made,…
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