Huber v. Johnson
Supreme Court of Minnesota
'Appeal by plaintiff from an order of the district court for Grant county, 0. L. Brown, J., sustaining a demurrer to the complaint. There are two essential elements in every champertous agreement: First. There must be an undertaking by one person to defray the expenses, in whole or in part, of another’s suit. Second. An engagement or promise on the part of the latter to divide with the former the proceeds of the litigation in the event it proves successful.
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'Appeal by plaintiff from an order of the district court for Grant county, 0. L. Brown, J., sustaining a demurrer to the complaint. There are two essential elements in every champertous agreement: First. There must be an undertaking by one person to defray the expenses, in whole or in part, of another’s suit. Second. An engagement or promise on the part of the latter to divide with the former the proceeds of the litigation in the event it proves successful. Torrence v. Shedd, 112 Ill. 475. An essential element of champerty is sharing the fruits of litigation. Blaisdell v. Ahern, 144 Mass.…
1Opinion of the CourtMitchell, J.
This appeal is from an order sustaining a demurrer to the complaint. Briefly stated, the allegations of the complaint were that defendant having a claim against a railway company for damages for its failure to fence its road where it ran through his farm, he and plaintiff entered into an agreement by the terms of which the former employed the latter to adjust, compromise, settle, and collect this claim, and authorized plaintiff to employ an attorney to assist him in the matter, and to prosecute the claim by suit or otherwise in the name of the defendant, but at his, plaintiff’s, own cost;…
2Cited by24 opinions
- Matter of SnyderNew York Court of Appeals · 1907
- Holland v. SheehanSupreme Court of Minnesota · 1909
- Gammons v. JohnsonSupreme Court of Minnesota · 1899
- Southworth v. RosendahlSupreme Court of Minnesota · 1916
- Gammons v. JohnsonSupreme Court of Minnesota · 1897
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