Phalen v. Clark
Supreme Court of Connecticut
IN ERROR. Tins was a bill in chancery, seeking the recovery of a sum of money paid by the ¡plaintiffs to the defendants, or one of them, on a prize«ticket. The bill stated the following case.
Read the full summary
IN ERROR. Tins was a bill in chancery, seeking the recovery of a sum of money paid by the ¡plaintiffs to the defendants, or one of them, on a prize«ticket. The bill stated the following case. That on the 18th of January, 1841, the plaintiffs became, by assignment of one Philip Case, the proprietors and managers of a certain lottery, before that time duly authorized and granted, by an act of the general assembly of the state of Rhode-Island, passed at the session thereof in January, 1839, entitled “An Act to authorize Philip Case, his heirs, executors, administrators or assigns, to put forth a…
1Opinion of the Court
Chürch, Ch. J.
The allegations in this bill, admitted by the demurrer to be true, for the present purpose, disclose an aggravated fraud on the part of the defendants, resulting in an injury to the plaintiffs, of no ordinary amount. The first point of defence is, that, notwithstanding this concurrence of wrong and injury, there is no remedy provided, at least in a court of equity ; and is based upon the claim, that the ground of recovery has its origin in an illegal transaction — a violation of the law — in which the plaintiffs took part.
The difficulty, in this part of the case, is not so much…
2Cases cited9 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Armstrong v. TolerSupreme Court of the United States · 1826
- First Massachusetts Turnpike Corp. v. FieldMassachusetts Supreme Judicial Court · 1807
- Sherwood v. SuttonU.S. Circuit Court for the District of New Hampshire · 1828
- Schooner Paulina's Cargo v. United StatesSupreme Court of the United States · 1812
4 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Barrett Builders v. MillerSupreme Court of Connecticut · 1990
- Bank of Hartford County v. WatermanSupreme Court of Connecticut · 1857
- Gunter v. LeckeySupreme Court of Alabama · 1857
- Melchoir v. McCartyWisconsin Supreme Court · 1872
- Wilmerding v. RussSupreme Court of Connecticut · 1865
32 more not listed; retrieve them via the Exa API.