Duke v. Harper
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. Respondents sued for damages sustained by them, by reason 'of the breach of a contract for the conveyance by appellants of one-fourth interest in certain property, which was to be recovered in proceedings to be instituted for appellants, and in their name by respondents as attorneys at law, in proper courts.
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Appeal from St. Louis Court of Appeals. Respondents sued for damages sustained by them, by reason 'of the breach of a contract for the conveyance by appellants of one-fourth interest in certain property, which was to be recovered in proceedings to be instituted for appellants, and in their name by respondents as attorneys at law, in proper courts. The conveyance was to be made in consideration of .the professional services to be rendered by respondents in conducting the legal proceedings necessary for its recovery. Appellants demurred on the ground that the contract, on which the suit was…
1Opinion of the Court
Henry) J.
— “ Champerty,” says Hawkins, “ is the unlawful maintenance of a suit in consideration of some bargain to have part of the thing in dispute, or some profit out of it.” Sir Edward Cokes’ definition is similar, and he says it was an offense at common law before any statutes were passed on the subject, and cites Bracton and Eleta to *56support his position. Blackstone defines champerty to be “ a bargain with the plaintiff or defendant campum partiré, to divide the land or other matter sued for between them} if they prevail at law; whereupon the champerter is to carry on the party’s suit at…
2Cases cited4 opinions
- Allard v. LamirandeWisconsin Supreme Court · 1872
- Danforth v. StreeterSupreme Court of Vermont · 1856
- Charlotte v. ChouteauSupreme Court of Missouri · 1857
- Benedict v. StuartNew York Supreme Court · 1856
3Cited by27 opinions
- Hawkinson v. JohnstonCourt of Appeals for the Eighth Circuit · 1941
- State Ex Rel. Schlueter Manufacturing Co. v. BeckSupreme Court of Missouri · 1935
- Dahms v. SearsOregon Supreme Court · 1885
- Fish v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1914
- Taylor v. St. Louis Transit Co.Supreme Court of Missouri · 1906
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