Champerty
Legal Definition and Related Resources of Champerty
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Meanings, Synonyms, Etymology, Translations and More
Meaning of Champerty
A type of maintenance in which the motive of the maintainor is a share in the subject matter of the suit. A bargain between a plaintiff and a defendant in a suit and a third person to divide between them the land or other matters sued for in the event of the litigant being successful in the suit, whereupon the champertor is to carry on the party 's suit or action at his own expense; or the purchasing of the right of action or suit of another person. A species of common law generic offense of maintenance and involves unlawful maintenance of suit in consideration of bargain for some part of the thing involved, with gist of offense consisting in mode of compensation. Coopers & Lvbrand v Levitt, 384 N. Y.S.2d 804, 52 A.D.2d493.
Champerty Alternative Definition
A bargain with a plaintiff or defendant campum pa/rtire to divide the land or other matter sued for, between them, if they prevail at law, whereupon the champerter is to carry on the parties' own suit at his own expense. 112 111. 475. A bargain with a plaintiff or defendant, in a suit for a portion of the land or other matter sued for, in case of a successful termination of the suit which the champertor undertakes to carry on at his own expense. 4 Bl. Comm. 435. "The unlawful maintenance of a suit in consideration of part of the debt or other thing in dispute." Hawk. P. C. c. 84, § 1. The gist of the offense consists in the mode of compensation, irrespective of the particular manner in which the suit is to be maintained. 4 Kern. (N. Y.) 289; 1 Hawk. P. C. 455, §§ 5-11. There must be an actual assistance, and not merely an offer to assist. 1 Hempst. 300. On the other hand, it has been held, following the definition of Blackstone, that a promise to pay the expenses or costs is essential. 57 Ga. 263; 13 Ohio, 167. It is ' not essential that there be a suit commenced at the time of making the agreement. 14 Ky. 412. Champerty differs from maintenance chiefly in this, that in champerty the compensation to be given for the service rendered is a part of the matter in suit, or some profit growing out of it (16 Ala. 488; 24 Ala. [N. S.] 472; 9 Mete. [Mass.] 489; 1 Jones, Eq. [N. C] 100; 5 Johns. Ch. [N. Y.] 44; 4 Litt. [Ky.] 117), while in simple maintenance the question of compensation does not enter into the account (2 Bish. Crim. Law, § 111). See 4 Bl. Comm. 134, note.
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English Legal System: Champerty
In the context of the English law, A Dictionary of Law provides the following legal concept of Champerty:
See maintenance and champerty.
Champerty