Thalimer v. Brinkerhoff
New York Supreme Court
THIS was an action of assumpsit. The declaration contained the common counts, for money had and received (0 the plaintiff’s use, money lent, &c., and an insimul computassent. Plea, non-assumpsit. The cause, was tried at the New-Yorh sittings, in June, 1821, before Mr. Chief Justice Spencer.
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THIS was an action of assumpsit. The declaration contained the common counts, for money had and received (0 the plaintiff’s use, money lent, &c., and an insimul computassent. Plea, non-assumpsit. The cause, was tried at the New-Yorh sittings, in June, 1821, before Mr. Chief Justice Spencer. At the trial, the plaintiff gave in evidence an agreement between him and Henry R. Teller, to which the defendant was a witness, and was drawn by him, or under his direction, dated April 10, 1807. This agreement recited, that whereas H. R. Teller is the heir at law of his father, Isaac Teller, deceased,…
1DissentWoodworth, J.
(dissenting) At the trial, the plaintiff was nonsuited, on the ground that the agreement was unlawful and void, and could not be the foundation of an action. On the argument of this case, other grounds were taken, to show that the plaintiff could not recover ; but I waive the consideration of them at present, and proceed to examine the question, whether this agreement was unlawful, as being against the provisions of the statute to prevent and punish champerty and maintenance.
This question arises under the first section of the act, (1 N. R. L. 172.) which declares, “ that no officer, or other…
2Cases cited1 opinion
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