Hamilton v. Gray
Supreme Court of Vermont
General assumpsit. Pleas, the general issue, payment, and offset. Trial by jury at the February term, 1894, Orleans county, Rowell, J., presiding. Verdict for the plaintiff and judgment thereon. The defendant excepts. The plaintiff claimed to recover, among other things, twenty dollars for services in collecting a note against one P. Morey.
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General assumpsit. Pleas, the general issue, payment, and offset. Trial by jury at the February term, 1894, Orleans county, Rowell, J., presiding. Verdict for the plaintiff and judgment thereon. The defendant excepts. The plaintiff claimed to recover, among other things, twenty dollars for services in collecting a note against one P. Morey. In reference to this item his testimony tended to show that he had made a contract with the defendant to collect certain notes, he to receive one-half of what might be collected by way of compensation therefor. Among these notes was the note of said Morey…
1Opinion of the CourtTaft, J.
Champerty is an agreement between the owner of a claim and a volunteer that the latter may take the claim and collect it, dividing the proceeds with the owner, if they prevail — the champertor to carry on the suit at his own expense. This doctrine is based upon the ground that no encouragement should be given to litigation by the introduction of a party to enforce those rights which the owners are not disposed to prosecute. The agreement in this cause is fully within the definition above given. The plaintiff took the claims under an agreement with the defendant to divide between them all that…
2Cases cited5 opinions
- Danforth v. StreeterSupreme Court of Vermont · 1856
- Dorwin v. SmithSupreme Court of Vermont · 1862
- Curtis v. BurdickSupreme Court of Vermont · 1876
- Gregory, Tilton & Co. v. GleedSupreme Court of Vermont · 1860
- Wright v. WhitheadSupreme Court of Vermont · 1842
3Cited by7 opinions
- Merchants' Protective Ass'n v. JacobsenIdaho Supreme Court · 1912
- Gibson v. GillespieSuperior Court of Delaware · 1928
- Hall v. StateSuperior Court of Delaware · 1994
- In re AldrichSupreme Court of Vermont · 1913
- D'Amato v. DonatoniSupreme Court of Vermont · 1933
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