Brown v. Bigné
Oregon Supreme Court
Defendants appeal. This is a suit to specifically enforce a written contract entered into between plaintiff and defendant Bigné in April, 1887. The facts are these: In April, 1881, one Pierre Manciét died in the city of Portland, largely indebted, but possessed of a large estate, consisting chiefly of real property, the legal title of which stood in his name, but of which Bingé claimed a one-half interest as a partner of Manciét.
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Defendants appeal. This is a suit to specifically enforce a written contract entered into between plaintiff and defendant Bigné in April, 1887. The facts are these: In April, 1881, one Pierre Manciét died in the city of Portland, largely indebted, but possessed of a large estate, consisting chiefly of real property, the legal title of which stood in his name, but of which Bingé claimed a one-half interest as a partner of Manciét. By his will he appointed his widow and Bigné executors thereof. They undertook the management of the estate, but shortly thereafter the widow died, leaving Bigné…
1Opinion of the CourtBeaN, J.
The only question in this case, is whether the contract between plaintiff and Bigné is champertous and void. The solution of this question depends upon how far the ancient doctrine of champerty and maintenance is to be recognized in this state.
It is conceded at the outset that the contract in suit was honestly and fairly made, and that Brown acted in entire good faith in the matter. No advantage was sought or taken of Bigné; he was fully informed as to the extent, amount, and value of the property claimed by him, and it was at his earnest solicitation that Brown made the contract. When he was…
2Cases cited12 opinions
- Barker v. BarkerWisconsin Supreme Court · 1860
- Boardman v. ThompsonSupreme Court of Iowa · 1868
- Dahms v. SearsOregon Supreme Court · 1885
- Gilbert v. HolmesIllinois Supreme Court · 1872
- Bentinck v. FranklieTexas Supreme Court · 1873
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3Cited by28 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Re Faling EstateOregon Supreme Court · 1924
- Holland v. SheehanSupreme Court of Minnesota · 1909
- Saladini v. RighellisMassachusetts Supreme Judicial Court · 1997
- Mossman v. Hawaiian GovernmentHawaii Supreme Court · 1896
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