Clark v. Harrison

1. There are two essential elements of a champertous agreement: first, there must be an undertaking’ by one person to defray the expense of the whole or a part of another’s suit; second, the agreement or promise on the part of the latter to divide with the former the proceeds of the litigation in the event it proves successful. Meeks v. Dewberry, 57 Ga. 263; Anderson v. Anderson, 12 Ga. App. 706 (2) (78 S. E. 271); Black’s Law Dictionary (3d ed.), 306.

(а) The present suit brought by the insurance commissioner did not seek a recovery of anything of value, but its purpose was merely to restrain…