Hickey v. Baird
Michigan Supreme Court
Error to Wayne Circuit. Plaintiff declared against defendant, that tbe latter, being desirous to collect a judgment of against Shadrach and Thomas Gillett, promised plaintiff that if he would undertake to search out property belonging to the Gilletts, upon whi^h a levy could be made, and out of which the whole or any part of the judgment could be collected, he, the defendant, would pay plaintiff one-third the amount so collected, or if in any other manner plaintiff could…
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Error to Wayne Circuit. Plaintiff declared against defendant, that tbe latter, being desirous to collect a judgment of against Shadrach and Thomas Gillett, promised plaintiff that if he would undertake to search out property belonging to the Gilletts, upon whi^h a levy could be made, and out of which the whole or any part of the judgment could be collected, he, the defendant, would pay plaintiff one-third the amount so collected, or if in any other manner plaintiff could secure the collection of said judgment, or any part thereof, defendant would pay him one-third the amount so secured ; but…
1Opinion of the Court
Christianoy J.:
If it were necessary to determine upon the correctness of the first and third points in the charge to the jury, we should probably be compelled to reverse the judgment; as we have failed to discover anything in the nature of the contract set '.forth in the declaration, or proved by the evidence, to render it objectionable on the ground of champerty, even though it might have been agreed, as intimated in the first point of the charge, that the plaintiff should ■pay his share of the expenses; upon which latter point, however, there appears to have been no evidence.
Nor do we see…
2Cited by11 opinions
- Hecht v. HarrisonWyoming Supreme Court · 1895
- Stevens v. YaleMichigan Supreme Court · 1897
- Haven v. Beidler Manufacturing Co.Michigan Supreme Court · 1879
- Lewis v. Flint & Pere Marquette Railway Co.Michigan Supreme Court · 1885
- Slaughter v. SlaughterSupreme Court of Alabama · 1914
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