Wheeler v. Pounds
Supreme Court of Alabama
Error to tbe Circuit Court of Chambers. Tried before the Hon. Robert Dougherty. Assumpsit by Zachariah B. Pounds against Gideon R. Wheeler, on the common money counts ; pleas, non assumpsit, statute of frauds, and want of consideration.
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Error to tbe Circuit Court of Chambers. Tried before the Hon. Robert Dougherty. Assumpsit by Zachariah B. Pounds against Gideon R. Wheeler, on the common money counts ; pleas, non assumpsit, statute of frauds, and want of consideration. The bill of exceptions is as follows : “ This cause coming on for trial, the evidence conduced to show, that Pounds had traded horses with one Marshall.; that Pounds claimed $20 of Marshall for cheating him in the trade ; that Wheeler bought the horse from Pounds for $50, and it was, at the same time, agreed that Pounds should sue Marshall, in an action of…
1Opinion of the CourtLigon, J.
The contract in this case is voidfor champerty. It is against the policy of our law to permit the traffic in law suits, thus encouraging the bringing of actions, when otherwise no suit might ever arise. Champerty is a bargain with a plaintiff or defendant campum partiré — to divide the land, or other matter sued for — between them, if they succeed at law ; the champertor undertaking to carry on the suit at his own expense. Bouv. Law Die., tit. Champerty. This offence differs from maintenance in this: in the latter, the person assisting the suitor receives no benefit; while in the former, he…
2Cases cited2 opinions
- Arden v. PattersonNew York Court of Chancery · 1821
- Burt v. PlaceNew York Supreme Court · 1826
3Cited by3 opinions
- Breeden v. Frankford Marine, Accident & Plate Glass InsuranceSupreme Court of Missouri · 1909
- Courtright v. BurnesU.S. Circuit Court for the District of Western Missouri · 1881
- Jenkins v. BradfordSupreme Court of Alabama · 1877