Hannigan v. Italo Petroleum Corp. of America

Harrington, J.,

delivering the opinion of the Court:

The fifth plea, as amended, is based on the existence of an alleged champertous bargain between the beneficial owners of the notes sued on and one L. J. Byers, whereby they assigned all of their interests in such notes *183to Byers. It appears, however, that Byers was a mere volunteer, and had no previous interest in those notes.

It is, also, alleged that, in consideration of such assignment, Byers agreed to bring suit on the notes in question, to pay the expenses of that suit, and if he procured judgment in that action to pay a certain portion of…