Freerks v. Nurnberg
North Dakota Supreme Court
Appeal from the County Court of Stutsman County, Ron. John U. Remmi> J. From a judgment in plaintiff’s favor, defendant appeals. The special contract claimed by the defendant, whereby plaintiff was to take, and did take defendant’s litigation shown in the record on a contingent fee basis, was not and is not champertous, but was and is a valid contract for professional services. Sedgwick v. Stanton, 14 N. T. 289; Huber v. Johnson, 68 Minn. 74, 64 Am.
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Appeal from the County Court of Stutsman County, Ron. John U. Remmi> J. From a judgment in plaintiff’s favor, defendant appeals. The special contract claimed by the defendant, whereby plaintiff was to take, and did take defendant’s litigation shown in the record on a contingent fee basis, was not and is not champertous, but was and is a valid contract for professional services. Sedgwick v. Stanton, 14 N. T. 289; Huber v. Johnson, 68 Minn. 74, 64 Am. St. Rep*. 456, 70 N. W. 806; cases cited in 6 Cyc. 858, notes 38, and 39. When a contract is malum in se a recovery can never be had, directly or…
1Opinion of the Court
Fisk, Ch. J.
This litigation arose in the county court of Stutsman county, and the appeal is from a judgment of that court in plaintiff’s favor for the sum of $295 and costs.
Plaintiff, a member 'of the bar of Stutsman county, sued to recover on various alleged causes of action for professional services rendered to the defendant at his request under an implied promise to pay the reasonable value thereof. All the allegations of the complaint are put in issue by the answer, and as to two of the plaintiff’s principal causes of action the answer by way of an affirmative defense alleges that the…
2Cases cited13 opinions
- Lynde v. LyndeSupreme Court of New Jersey · 1902
- Davis v. WebberSupreme Court of Arkansas · 1899
- Barngrover v. PettigrewSupreme Court of Iowa · 1905
- Roller v. MurraySupreme Court of Virginia · 1911
- Morris v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1915
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Mevorah v. GoodmanNorth Dakota Supreme Court · 1953
- Westerso v. City of WillistonNorth Dakota Supreme Court · 1950
- Horton v. Wright, Barrett, & Stilwell Co.North Dakota Supreme Court · 1919
- Bailey v. DavisNorth Dakota Supreme Court · 1922
- Baird v. StephensNorth Dakota Supreme Court · 1929
2 more not listed; retrieve them via the Exa API.