Legal Opinion

Evans v. Dravo

Supreme Court of Pennsylvania

Decided July 1, 1854PublishedCited by 16 opinions

ERROR to the District Court, of Allegheny county. This was an action of covenant by Oliver Evans v. Michael Dravo, to recover the first instalment due under an article of agreement dated the 16th day of July, 1851, whereby the defendant, with ■ James R. Hendrickson and two others, jointly and severally agreed to pay to the plaintiff $2000, in two equal annual payments, for a lot of ground in McKeesport, Allegheny county, which, it was stated in the agreement, Evans, at the…

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ERROR to the District Court, of Allegheny county. This was an action of covenant by Oliver Evans v. Michael Dravo, to recover the first instalment due under an article of agreement dated the 16th day of July, 1851, whereby the defendant, with ■ James R. Hendrickson and two others, jointly and severally agreed to pay to the plaintiff $2000, in two equal annual payments, for a lot of ground in McKeesport, Allegheny county, which, it was stated in the agreement, Evans, at the request of the said parties, had sold to one R. R. Gilpin, on the day previous, for $500, though plaintiff valued the lot…

1Opinion of the Court

The opinion of the Court was delivered by

Woodward, J.

The important question in this case raised, both upon the bills of exception to evidence and the charge of the Court, is whether a husband can recover in a covenant made between him and others for the purpose of defrauding his wife out of her interest in real estate oivned hy him — or in other words, whether *64obligors in a fraudulent bond can shield themselves from liability by alleging their own fraud.

This obligation does not belong to the class of contracts forbidden by statute or public policy. It is simply a covenant for the sale and…

2Cases cited3 opinions

  1. Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
  2. Reichart v. CastatorSupreme Court of Pennsylvania · 1812
  3. Lessee of Hartley v. M'AnultySupreme Court of Pennsylvania · 1804

3Cited by16 opinions

  1. Kuhn v. BuhlSupreme Court of Pennsylvania · 1916
  2. First National Bank v. BaerSupreme Court of Pennsylvania · 1923
  3. Irvin v. IrvinSupreme Court of Pennsylvania · 1895
  4. Monahan v. MonahanSupreme Court of Vermont · 1904
  5. Lessee of Hartley v. M'AnultySupreme Court of Pennsylvania · 1804

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