McLean's Adm'r v. Bragg

• Decision Date: 31 March 1860
• Citation: McLean's Adm'r v. Bragg, 30 Mo. 262 (Mo. 1860)
• Parties: MCLEAN'S ADMINISTRATOR, Respondent, v. BRAGG, Appellant.
• Court: Missouri Supreme Court

30 Mo. 262

MCLEAN'S ADMINISTRATOR, Respondent,

v.BRAGG, Appellant.

Supreme Court of Missouri.

March Term, 1860.

1. The supreme court will not grant new trials on the ground that the verdicts are against the evidence.

Appeal from St. Louis Circuit Court.

Edward C. Blackburn and Milton N. McLean were partners as attorneys at law. McLean died, and the plaintiff, Ricords, was appointed administrator of his estate. Blackburn also died, and said Ricords then took charge of the partnership effects, giving bond as required by the statute. It is in this capacity, having in charge the settling up the affairs of the partnership, that the plaintiff now sues. The facts sufficiently appear in the opinion of the court.

H. N. Hart, for appellant.

Cline & Jamison, for respondent.

EWING, Judge, delivered the opinion of the court.

This was an action brought by Ricords, as administrator of the estates of Blackburn and McLean, to recover five hundred and seventy-seven dollars and fifty cents for professional services alleged to have been rendered by said Blackburn and McLean as attorneys at law for said Bragg. An account is filed with the petition setting forth the items, two of which are two hundred and fifty dollars for prosecuting and defending libel suits, the defendant being plaintiff in one and defendant in the other. The services in these cases are admitted in the answer, but it alleges the charges therefor to be unreasonable. As to the balance of the account, some of the items are denied, and the services in the others are admitted, but the reasonableness of the charges denied. The cause was tried by a jury, and a verdict...