Courtright v. Burnes
U.S. Circuit Court for the District of Western Missouri
Action upon a promissory note for $7,333, executed by defendant to one F. H. Winston, and by him transferred, after maturity, to the plaintiff.
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Action upon a promissory note for $7,333, executed by defendant to one F. H. Winston, and by him transferred, after maturity, to the plaintiff. Besides a general denial the defendant answers as follows: “Por further answer to said petition, says that before and at the time of the making of the pretended note in said petition described, said plaintiff, this defendant, and P. H. Winston and George 0. Campbell had been and wore partners in a contract for building a railroad to a point opposite the city of Atchison, Kansas, from a point on the Chicago & Southwestern Kailroad, which road was known…
1Opinion of the CourtMcCrary, C. J.
The answer alleges that this suit is being prosecuted by one of the attorneys for plaintiff upon a champertous contract by which he is to pay the expenses of the litigation and receive as his compensation 40 per cent, of the sum realized, and the defendant moves to dismiss the suit for that reason. The proof sustains the allegation of champerty, the testimony of the defendant himself being quite conclusive upon that point. This makes it necessary for the court to decide the important question whether the plaintiff can be defeated in his action upon the note by the proof‘that he has made a…
2Cases cited75 opinions
- Wylie v. CoxeSupreme Court of the United States · 1854
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Rooney v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1858
- Sedgwick v. . StantonNew York Court of Appeals · 1856
- Dawley v. . BrownNew York Court of Appeals · 1880
70 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Watkins v. SedberrySupreme Court of the United States · 1923
- McMullin v. BorgersMissouri Court of Appeals · 1991
- Prosky v. ClarkNevada Supreme Court · 1910
- Smits v. HoganWashington Supreme Court · 1904
- Northwestern S. S. Co. v. CochranCourt of Appeals for the Ninth Circuit · 1911
1 more not listed; retrieve them via the Exa API.