Countryman

This is an appeal from a judgment in favor of plaintiff for the sum of thirty-nine thousand dollars and costs, and from an order denying defendant’s motion for a new trial.

The action was instituted for the recovery of the sum of forty thousand dollars, less the sum of one thousand dollars paid on account, alleged to be due from the defendant to the plaintiff as counsel fees. The complaint is in two counts, one upon an express contract for the payment of the above-named sum; the other a count for the recovery of said sum as the reasonable value of the plaintiff’s professional services. The answer of the defendant denies the existence of any express contract for the- employment of plaintiff to render any professional services whatever; and also denies that any such services which the plaintiff may have rendered to the defendant were of the reasonable value of forty thousand dollars or any other sum whatever, and alleged that for any services which the plaintiff may have rendered to the defendant he has been fully paid. The defendant also pleads the bar of the statute of limitations to the action.

The cause was tried before a jury demanded by the defendant. The trial before such…