Starke v. Wannemacher
North Dakota Supreme Court
Appeal from a judgment and an order denying a motion for judgment notwithstanding the verdict of the District Court of Stark County, Crawford, J. Defendant appeals. Our statutes upon the question of right of an attorney at law to buy promissory notes with the intention to bring suit on them are practically ■declaratory of the doctrine of champerty. Comp.
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Appeal from a judgment and an order denying a motion for judgment notwithstanding the verdict of the District Court of Stark County, Crawford, J. Defendant appeals. Our statutes upon the question of right of an attorney at law to buy promissory notes with the intention to bring suit on them are practically ■declaratory of the doctrine of champerty. Comp. Laws 1913, §§ 9412, 9414, 9416 and 9417. The purchase of the note in question with intent to sue, if necessary, was a criminal act, and void, and gives plaintiff no right to bring or maintain this action. Galbraith v. Payne, 12 N. D. 164, 96…
1Opinion of the CourtChristianson, J.
This action was brought to recover upon a promissory note in the sum of $1,500, which it is alleged was executed *620and delivered by tbe defendant to the Missouri Slope Brick & Tile Company for a valuable consideration, on or about March 30, 1908, and thereafter sold and assigned to the plaintiff for a valuable consideration. The answer interposed the defenses of (1) want of consideration; (2) failure of consideration; (3) nondelivery of the note; and (4) that the plaintiff was an attorney at law, duly admitted to practice and practising his profession in the state of North Dakota, and that he…
2Cases cited9 opinions
- Moses v. . McDivittNew York Court of Appeals · 1882
- Woods v. WalshNorth Dakota Supreme Court · 1898
- Tuller v. ArnoldCalifornia Supreme Court · 1893
- Wightman v. CatlinAppellate Division of the Supreme Court of the State of New York · 1906
- Turner v. CrumptonNorth Dakota Supreme Court · 1913
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Kinnischtzke v. City of Glen UllinNorth Dakota Supreme Court · 1953
- Stormon v. District CourtNorth Dakota Supreme Court · 1949
- Olson v. Armour & Co.North Dakota Supreme Court · 1938
- Loy Ex Rel. Union Securities Co. v. KesslerNorth Dakota Supreme Court · 1949
- Stratton v. RosenquistNorth Dakota Supreme Court · 1917
8 more not listed; retrieve them via the Exa API.