Zimmerman v. . Kinkle
New York Court of Appeals
Appeal from a final judgment of the General Term of the Supreme Court, in the first judicial department, in favor of the plaintiffs, entered upon an order made February 16, 1881, which reversed an order of the Special Term, sustaining a demurrer by defendant Kinkle to the complaint, and overruled said demurrer.
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Appeal from a final judgment of the General Term of the Supreme Court, in the first judicial department, in favor of the plaintiffs, entered upon an order made February 16, 1881, which reversed an order of the Special Term, sustaining a demurrer by defendant Kinkle to the complaint, and overruled said demurrer. This action was in equity, for the cancellation of a bond and the restoration of $5,000 belonging to the estate represented by the plaintiffs as executors, and which money they had placed in the hands of Kinkle, one of the defendants, to indemnify him against liability as surety upon…
1Opinion of the CourtDanforth, J.
There is nothing upon the face of the bond to impeach its validity, and whatever might be the real transaction between the parties it is to be made out by allegations and evidence. The terms of the complaint show clearly enough that the bond is founded on a consideration condemned both by morals and public policy, and, therefore, the defendant claims that a party to it cannot be 'relieved, but must be left to the consequences of the forbidden transaction. How this might be if the action were by the plaintiffs in their individual capacity, it is not necessary to inquire. They come into court…
2Cases cited2 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Wetmore v. . PorterNew York Court of Appeals · 1883
3Cited by24 opinions
- Stone v. WhiteSupreme Court of the United States · 1937
- Moss v. . CohenNew York Court of Appeals · 1899
- Bonham v. CoeAppellate Division of the Supreme Court of the State of New York · 1937
- Squire v. . OrdemannNew York Court of Appeals · 1909
- King v. RichardsonCourt of Appeals for the Fourth Circuit · 1943
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