Kirkland v. Benjamin
Supreme Court of Arkansas
Appeal from LaFayette Circuit Court. Contracts like this -one are prohibited by statute. Sand. & H. Dig., § 1488. A note given in consideration of the dismissal of a prosecution is void. Tied. Com. Pap. § 183; 1 Dan. Neg. Inst. § 196; 54 Mo. 340. It is sufficient if the offense be charged. 1 Dan. Neg. Inst. § 196; 51 Ark. 519. If the promise to dismiss the prosecution constituted any part of the consideration of the note, it was void. Teid. Com.
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Appeal from LaFayette Circuit Court. Contracts like this -one are prohibited by statute. Sand. & H. Dig., § 1488. A note given in consideration of the dismissal of a prosecution is void. Tied. Com. Pap. § 183; 1 Dan. Neg. Inst. § 196; 54 Mo. 340. It is sufficient if the offense be charged. 1 Dan. Neg. Inst. § 196; 51 Ark. 519. If the promise to dismiss the prosecution constituted any part of the consideration of the note, it was void. Teid. Com. Pap. §§ 179, 183. A contract to use every legal and proper endeavor to have a prosecution dismissed is against public policy and void. Tied. Com.…
1Opinion of the CourtBattle, J.
“A promissory note made to procure the dismissal of a criminal prosecution, although given for the amount of a debt due to the payee, is contrary to public policy, and void.” Rogers v. Blythe, 51 Ark. 519.
“The general rule is that where an illegal contract has been made, neither courts of law nor equity will interpose to grant any relief to the parties, but will leave them where it finds them, if they have been equally cognizant of the illegality.” Shattuck v. Watson, 53 Ark. 147.
We think that the evidence adduced at the hearing of this cause clearly shows that the notes sued on were executed…
2Cases cited2 opinions
- Shattuck v. WatsonSupreme Court of Arkansas · 1890
- Rogers v. BlytheSupreme Court of Arkansas · 1889
3Cited by6 opinions
- Goodrum v. Merchants & Planters BankSupreme Court of Arkansas · 1912
- Beal & Doyle Dry Goods Co. v. BartonSupreme Court of Arkansas · 1906
- Pendleton v. GreeverSupreme Court of Oklahoma · 1920
- Johnson v. Graham Bros.Supreme Court of Arkansas · 1911
- Hines v. HinesSupreme Court of Arkansas · 1929
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