Shain

This is an appeal from a judgment of nonsuit.

The action was originally brought by the plaintiff, as assignee of one Vincent Neale, an attorney at law, to recover from the defendants, Alexander Forbes and William McPherson, the sum of $2,021, alleged to be due for professional services performed, and money expended for them, at their special instance and request, by plaintiff’s assignor.

The defendants jointly answered the complaint. The answer averred in substance that the only professional services ever rendered by Neale to the defendants, or either of them, were in the matter of the collection of a promissory note for five thousand dollars, made by E. J. Weston and S, Boushey, and payable to the defendant Forbes and L. L. Robinson; that the note was secured by a mortgage upon real property, and on the day of its date was indorsed and delivered by the payees thereof to the firm of Forbes Brothers, then composed of the defendant Forbes and one Charles Forbes; that the indorsers waived demand and notice of non-payment of the note; that after the maturity of the note, and on or about the 6th of October, 1880, Forbes Brothers retained and employed the said Vincent Neale, as…