Joseph Mazzini Society v. Corgiat

Citations

• 63 Wash. 273
• 115 P. 93
• 1911 Wash. LEXIS 1189

Syllabus

<p>Contracts — Construction—Subject-Matter Included. An agreement to pay all the costs and expenses of the defense of a suit includes the fees of attorneys for services therein, hut not the costs and expenses of defending a suit brought by the attorneys to recover their bill.</p> <p>Frauds, Statute oe — Debts op Another — Original Promise. An agreement by the president of a society to pay all the costs and expenses of the defense of a suit to reinstate a member is an original promise, and not within the statute of frauds, where the society refused to defend and regarded it as a personal controversy between the plaintiff and the defendant.</p> <p>Champerty and Maintenance — Contracts. An agreement by the president of a society to pay all the costs and expenses of the defense of a suit to reinstate a member is not champertous, or void as against public policy, where the president was a party defendant to the suit, and as executive head of the society had a personal interest in the litigation.</p> <p>Costs — On Appeal. On appellant’s obtaining a substantial reduction of the judgment, he will be entitled to costs on appeal.</p>