Newbold v. Sims
Supreme Court of Pennsylvania
THIS was an action of account render, in which the plaintiffs charged the defendant as bailiff and receiver of monies by the hands of sundry persons in Philadelphia, Cal- , ciitta (in Bengal,) and Charleston (in South Carolina,) from the 1st December, 1810, to the 1st August, 1813, and also, as receiver, during the. same period, of divers goods, to merchandise, and make common profit thereof, for the use of the said plaintiffs and the said defendant.
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THIS was an action of account render, in which the plaintiffs charged the defendant as bailiff and receiver of monies by the hands of sundry persons in Philadelphia, Cal- , ciitta (in Bengal,) and Charleston (in South Carolina,) from the 1st December, 1810, to the 1st August, 1813, and also, as receiver, during the. same period, of divers goods, to merchandise, and make common profit thereof, for the use of the said plaintiffs and the said defendant. The defendant pleaded, 1. Never bailiff and receiver. 2. Fully accounted, . On the trial, which came on before the Chief Justice, on 1st March,…
1Opinion of the Court
Tilghman C. J.
(After stating the facts.) That this Court will not sustain an action originating in an unlawful contract is a principle fully recognised in the cases of Maybin v. Coulon,(a) and Mitchell v. Smith.(b) But whether the contract in this case was originally illegal, is the question.
*320In the month of December, 1810; when the contract was “entered into, there was no-law prohibiting commercial intercourse between the United States and Great Britain, On the- 2d November, 1810, the President issued his proclamation declaring, that France had revolted her edicts which violated the neutral…
2Cases cited4 opinions
- Mitchell v. SmithSupreme Court of the United States · 1803
- Maybin, Surviving Partner, &C. v. Coulon. (A) Coulon v. Maybin, Surviving Partner, &CSupreme Court of the United States · 1804
- James v. BrowneSupreme Court of the United States · 1788
- Butcher v. CoatsSupreme Court of Pennsylvania · 1788
3Cited by1 opinion
- McFadden v. SalladaSupreme Court of Pennsylvania · 1847