Lester v. Howard Bank
Court of Appeals of Maryland
Appeals from the Circuit Court of Baltimore City. The facts of the case sufficiently appear in the opinion of the Court. The appeal was taken from an order of the Circuit Court overruling exceptions to the auditor’s account, and ratifying the same.
1Opinion of the CourtRobinson, J.
The rule of law is well settled that no action will lie to enforce a contract malum in se, nor if executed, to recover money paid under it. In all such’ cases, the maxims “ ex turpi causa non oritur actio ” and “ in pari delicto potior est conditio defendentis etpossidentis” apply.
In regard to contracts not immoral, or criminal in themselves, but prohibited by statutory law, the same general rule may be said to apply, not however universal in its application, but subject to certain exceptions as binding in authority as the rule itself. Public policy, it must be borne in mind, lies at the…
2Cases cited1 opinion
- State v. JohnstonGeneral Court of Virginia · 1786
3Cited by48 opinions
- Toledo Tie & L. Co. v. ThomasWest Virginia Supreme Court · 1890
- Bowditch v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1886
- Beard v. American Agency Life InsuranceCourt of Appeals of Maryland · 1988
- Cardona v. Corte de Distrito de HumacaoSupreme Court of Puerto Rico · 1943
- Courtney v. . ParkerSupreme Court of North Carolina · 1917
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