Murphy v. Nelson

This is an action of contract to recover thirty per cent of the losses arising out of a joint speculative account maintained with a firm of stockbrokers in the name of the defendant, and in which, the plaintiffs alleged, the defendant agreed with their intestate, John J. Murphy, hereinafter referred to as the plaintiff, to -share the profits and losses in the proportion of seventy per cent to their intestate and thirty per cent to the defendant. Besides a general denial, the answer set up the statute of frauds. The case was referred to an auditor whose findings of fact were to be final. The…