Jordan v. Gillen
Supreme Court of New Hampshire
Trespass for two lambs, the plaintiff’s property, and alleged to have been taken, carried off and converted to their own use by the defendants. The case was tried before the justice upon the plea of the general issue, and the defendants appealed from his decision to this court, the action being entered hei’e April term, 1860. At April term, 1862, the defendants pleaded puis darrein continuance; an accord and satisfaction in bar of the further maintenance of the suit.
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Trespass for two lambs, the plaintiff’s property, and alleged to have been taken, carried off and converted to their own use by the defendants. The case was tried before the justice upon the plea of the general issue, and the defendants appealed from his decision to this court, the action being entered hei’e April term, 1860. At April term, 1862, the defendants pleaded puis darrein continuance; an accord and satisfaction in bar of the further maintenance of the suit. The plaintiff’ replied an assignment of the cause to Albert Barker, his attorney, and notice thereof to the defendants before…
1Opinion of the CourtNesmith, J.
Under the pleadings and facts of this case several questions are raised for the consideration of the court. The plaintiff’s attorney sets up a legal assignment of the rights of action to himself, executed upon sufficient consideration from his client, of which the defendants had due notice, prior to the pretended settlement of the suit by the parties. To the validity of the said assignment the defendants allege sundry exceptions.
1. They allege that said assignment was against public policy, champertous, and void. Maintenance, which includes champerty, is defined to be an unlawful taking in…
2Cases cited9 opinions
- Gardner v. AdamsNew York Supreme Court · 1834
- Arden v. PattersonNew York Court of Chancery · 1821
- Butler v. New York & Erie Rail RoadNew York Supreme Court · 1866
- Blin v. PierceSupreme Court of Vermont · 1847
- M'CULLUM v. CoxeSupreme Court of the United States · 1785
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
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