Howe v. Schweinberg

Fitzsimons, J. (dissenting).

The witness Moss, who testified as to the contract between plaintiffs and defendant’s intestate, upon which this action is based, sustains toward plaintiffs an extremely close, intimate, trusted and confidential relation, such as partners usually occupy towards one another; so much do they confide in him, that they permitted him to argue the matter for which the fee in suit was promised, before the governor of this state, and upon the success of his effort depended the plaintiff’s right to said fee, amounting to $1,000, no small matter. He is an intelligent,…