Appeal of Bredin
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Butler county: Of October and November Term 1879, No. 96. Appeal of E. M. Bredin, Jr., and others, from a decree of the court refusing to open a judgment entered against them on a warrant of attorney, and to let them into a defence. A. W. McCullough and P. Dorsey were oil speculators and producers. In 1875, McCullough borrowed from Dorsey 1000 barrels of oil.
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Appeal from the Court of Common Pleas of Butler county: Of October and November Term 1879, No. 96. Appeal of E. M. Bredin, Jr., and others, from a decree of the court refusing to open a judgment entered against them on a warrant of attorney, and to let them into a defence. A. W. McCullough and P. Dorsey were oil speculators and producers. In 1875, McCullough borrowed from Dorsey 1000 barrels of oil. As security therefor, he gave Dorsey a check on the Citizens’ Bank of East Brady for $2000, in which it was written, that the bank held 1000 barrels of oil as collateral for the c.heck. This check…
1Opinion of the CourtJustice Trunkey
The maxim, “Nemo allegans suam turpitudinem audiendus est,” is good in its use, and the authority of a long line of decisions prevents its abuse. In Collins v. Blantern, 2 Wils. 341, a leading case, it was decided that illegality may be pleaded as a defence to an action on a bond, and so it has been held in England and this country ever since. The bond in that case was given as an indemnity for a note entered into by the obligee for the purpose of inducing a prosecutor of an indictment for perjury to withhold his evidence. After speaking of the transaction as one to gild over and conceal the…
2Cases cited1 opinion
- Stewart v. KearneySupreme Court of Pennsylvania · 1837
3Cited by11 opinions
- Peters v. GrimSupreme Court of Pennsylvania · 1892
- Dial v. KirkpatrickSupreme Court of Oklahoma · 1933
- Murray v. McDonaldSupreme Court of Pennsylvania · 1912
- Paul v. PaulSupreme Court of Pennsylvania · 1920
- Portner v. KirschnerSupreme Court of Pennsylvania · 1895
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