Fenton v. Ham
Supreme Court of Missouri
Appeal from, Buchanan Court of Common Fleas. The defence set up in the answer is good. The answer shows want of consideration and fraud in the note, which constitutes a valid defence. (Smith on Contri, p. 120.) The maxim “ ex turpi causa non oritur actio f applies in this case. The answer shows that the contract upon which suit is brought had its origin in a fraud, and each party was parti-ceps criminis.
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Appeal from, Buchanan Court of Common Fleas. The defence set up in the answer is good. The answer shows want of consideration and fraud in the note, which constitutes a valid defence. (Smith on Contri, p. 120.) The maxim “ ex turpi causa non oritur actio f applies in this case. The answer shows that the contract upon which suit is brought had its origin in a fraud, and each party was parti-ceps criminis. It is immaterial whether the illegality be part of or only introductory to the cause of the action. If the contract requires any aid from an illegal transaction, a suit cannot be maintained…
1Opinion of the CourtBay, Judge
This suit was instituted in the Buchanan Court of Common Pleas upon a promissory note for the sum of $1,735.94, *411executed by defendant and paid or payable to one Kelly, and assigned by said Kelly to said plaintiff.
The answer of the defendant alleges that on or about the 12th of December, 1860, about four months prior to the execution of the note, the defendant and Kelly entered into a partnership for the purpose of selling goods, wares, and merchandise, in the town of Rushville. That at the time of forming said partnership Kelly represented that his indebtedness did not exceed the sum of…
2Cases cited1 opinion
- Hamilton v. Scull's AdministratorSupreme Court of Missouri · 1857
3Cited by6 opinions
- McCausland v. RalstonNevada Supreme Court · 1877
- Taylor v. Von SchraederSupreme Court of Missouri · 1891
- Larimore v. TylerSupreme Court of Missouri · 1886
- Clay County Bank v. KeithMissouri Court of Appeals · 1900
- Mitchell v. HenleySupreme Court of Missouri · 1892
1 more not listed; retrieve them via the Exa API.