Ross v. Gerrish

Decided January 15, 1864

Massachusetts Supreme Judicial Court · decided 1864-01-15

Contract against an attorney at law, to recover money collected in a suit in favor of the plaintiff. The answer admitted the collection of the money, but averred that the plaintiff was only a nominal party to the suit in which it was recovered, and that the suit was in fact prosecuted for the benefit of Alfred Pollard, to whom the note which was the subject of ttie suit belonged.

Decided 1864-01-15

Metcalf, J.

¶1The defendant’s admission, in his answer, that he received the money sued for, did not relieve the plaintiff from the burden of proving that the money belonged to him. The issue was on the question whether the money belonged to the plaintiff or to Alfred Pollard. The defendant’s answer doubtless admitted a prima facie case for the plaintiff, but did not shift the burden of proof which was previously on him. The instruction given to the jury was therefore correct. Powers v. *148Russell, 13 Pick. 76. Morrison v. Clark, 7 Cush. 214, 215. Central Bridge Corp. v. Butler, 2 Gray, 131, 132.

¶2Exceptions overruled.