Partridge v. Hood
Massachusetts Supreme Judicial Court
Contract upon the following agreement, signed by the defendant, and dated October 5,1874 : “ In consideration of one dollar and other good and valid consideration to me paid, I hereby agree, upon the delivery to me and in my name, within three days from the date hereof, of a quitclaim deed, conveying the land described in a mortgage deed to Winfield S. Partridge given by Edward K. Hood, said quitclaim deed to be given by said Partridge and said land to be free of all…
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Contract upon the following agreement, signed by the defendant, and dated October 5,1874 : “ In consideration of one dollar and other good and valid consideration to me paid, I hereby agree, upon the delivery to me and in my name, within three days from the date hereof, of a quitclaim deed, conveying the land described in a mortgage deed to Winfield S. Partridge given by Edward K. Hood, said quitclaim deed to be given by said Partridge and said land to be free of all incumbrances except a mortgage now held by the South Scituate Savings Bank for twelve hundred dollars covering on a portion ef…
1Opinion of the CourtGray, C. J.
The reason that a private agreement, made in consideration of the suppression of a prosecution for crime, is illegal, is that it tends to benefit an individual at the expense of defeating the course of public justice. The doctrine has never been doubted as applied to felonies, and the English authorities before our Revolution extended it to all crimes. 2 West Symb. Compromise & Arbitrement, § 33. Horton v. Benson, 1 Freem. 204. Bac. Ab. Arbitrament & Award, A. Johnson v. Ogilby, 3 P. Wms. 277, and especially the register’s book cited by Mr. Cox. in a note to page 279. Collins v. Blantern, 2…
2Cases cited7 opinions
- Commonwealth v. John Dowdican's BailMassachusetts Supreme Judicial Court · 1874
- Boston Diatite Co. v. Florence Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- McNamee v. BuckSupreme Court of Vermont · 1856
- Maurer v. MitchellSupreme Court of Pennsylvania · 1845
- Anderson v. LewisMississippi Chancery Courts · 1844
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Berman v. CoakleyMassachusetts Supreme Judicial Court · 1923
- Moog v. StrangSupreme Court of Alabama · 1881
- Commonwealth v. RotondaMassachusetts Supreme Judicial Court · 2001
- Crowder v. ReedIndiana Supreme Court · 1881
- Union Exchange National Bank v. JosephNew York Court of Appeals · 1921
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