Taaffe v. Josephson
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Nevada. The defendant D. Samuel commenced suit against defendant Josephson, upon four several promissory notes, due at different times, the last of which was dated May 17th, 1856, and payable six months after date.
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Appeal from the District Court of the Fourteenth Judicial District, County of Nevada. The defendant D. Samuel commenced suit against defendant Josephson, upon four several promissory notes, due at different times, the last of which was dated May 17th, 1856, and payable six months after date. The suit was commenced on the nineteenth day of November, 1856, and the property of Josephson attached, and judgment subsequently taken against him by default, for the foil amount specified in the notes. On the same day, the plaintiff brought suit against Josephson, and subsequently levied their…
1Opinion of the CourtBurnett, J.
If any part of the entire consideration of a contract is illegal, the whole contract is void. Chitty on Contracts, 371, and authorities referred to in note 1. So, if an entire judgment be composed of several elements, and one or more of them is illegal, the whole judgment is void, as against creditors. 12 Pick., 388, Fairfield v. Baldwin; 22 Pick., 545, Kendall v. Lawrence; 3 Metcalf, 49, Pierce u. Partridge; 4 Wend., 100, Wilder u. Fondey.
There would seem to be no question as to the justness of this position. In the case of Fairfield v. Baldwin, above referred to, it was insisted that the…
2Cases cited2 opinions
- Burns v. MorseNew York Court of Chancery · 1836
- Wilder v. FondeyCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by7 opinions
- Goldner v. SpencerCalifornia Supreme Court · 1912
- Tully v. HarloeCalifornia Supreme Court · 1868
- Mendes v. FreitersNevada Supreme Court · 1882
- Gamble v. VollCalifornia Supreme Court · 1860
- Glaser v. First National BankSupreme Court of Arkansas · 1896
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