Denny v. Lincoln
Massachusetts Supreme Judicial Court
A., a deputy sheriff, having an execution against B., and having it in his power to arrest the debtor’s body, C., in consideration of A.’s forbearing to arrest B., promises in writing to deliver him to A. at a certain day and place, that he may be taken and committed in execution.
Read the full summary
A., a deputy sheriff, having an execution against B., and having it in his power to arrest the debtor’s body, C., in consideration of A.’s forbearing to arrest B., promises in writing to deliver him to A. at a certain day and place, that he may be taken and committed in execution. In the mean time, B. places in C.’s hands a sum of money equal to the judgment debt, as an indemnity against his contract, which sum is afterwards, by agreement between B. and C., applied to pay other executions against B., who is not delivered to A. It was held that no action lay for A. against C. upon his promise,…
1Opinion of the Court
*302The action was continued nisi for advisement, and the opinion of the Court delivered at the following March term, in Suffolk, by
Parsons, C. J.
On the first count it is manifest that the action cannot be maintained. The consideration of the contract was a violation of the plaintiff’s official duty, and he cannot support an action to recover an indemnity for his own voluntary illegal conduct.
The plaintiff has urged his right to recover on the second count upon equitable grounds. But this count must share the same fate with the first. However this question might be settled on moral principles…
2Cited by14 opinions
- Packard v. TisdaleSupreme Judicial Court of Maine · 1862
- Hardesty v. PriceSupreme Court of Colorado · 1877
- Lewis v. SawyerSupreme Judicial Court of Maine · 1857
- President v. WilkinsSupreme Judicial Court of Maine · 1832
- Davis v. RansomMichigan Supreme Court · 1856
9 more not listed; retrieve them via the Exa API.