Wright v. Tebbitts
Supreme Court of the United States
Error to the Supreme Court of the District of Columbia. Wright, the defendant below, a licensed trader in the Choctaw country at the commencement of the .rebellion, claimed that he had sustained large losses by the use of his property by the Choctaw nation, and that large sums were due to him for goods taken by or sold to members of the nation, and for money advanced to it.
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Error to the Supreme Court of the District of Columbia. Wright, the defendant below, a licensed trader in the Choctaw country at the commencement of the .rebellion, claimed that he had sustained large losses by the use of his property by the Choctaw nation, and that large sums were due to him for goods taken by or sold to members of the nation, and for money advanced to it. By a treaty, concluded April 28, 1866, between the United States and the Choctaws and Chickasaws, it was stipulated and agreed that this claim, with others, should be investigated and examined by a commission to be…
1Opinion of the CourtChief Justice Waite
delivered tbe opinion of tbe court.
Tbe errors assigned upon this record are,- in substance, that tbe contract given in evidence is illegal: —
1. Because it is an assignment of a one-tentb interest in the. claim of Wright,-and not “freely made and executed in tbe presence of at least two witnesses, after the allowance of tbe claim, tbe ascertainment of tbe amount due, and the issuance of a warrant for tbe payment thereof,” as- required by sect. 3477, Rev. Stat.;
■ 2. Because it is tainted with illegality and immorality,' and', is against public policy; and,
3. Because it is. champertous, as it…
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