Garner v. . Qualls
Supreme Court of North Carolina
ActxoN of debt, tried before Bailey, J., at a Sp^iial Term (November, 1856,) of Granville Superior Court. The action was brought upon a bond to which, among other pleas, was pleaded, “ that the bond was given upon an illegal consideration, to prevent a proseciition for forgery.”
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ActxoN of debt, tried before Bailey, J., at a Sp^iial Term (November, 1856,) of Granville Superior Court. The action was brought upon a bond to which, among other pleas, was pleaded, “ that the bond was given upon an illegal consideration, to prevent a proseciition for forgery.” It was proved that the plaintiff represented to Mrs. Qualls, the principal in the bond, that her son-in-law, one Eowler, had committed three several forgeries, and told her he would prosecute him for these offences-unless she gave him her bond for the amount Eowler owed him, and that if she would give him her bond he…
1Opinion of the CourtBattle, J.
It is now well established, as a broad conservative principle, that no executory contract, the consideration of which is contra bonos mores, or against the public policy, or the laws of the State, can be enforced in a Court of justice. Blythe v. Lovingood, 2 Ire. Rep. 20 ; Ingram v. Ingram, ante 188, decided at this term. It is manifest that contracts founded upon agreements to compound felonies or to stifle public prosecutions of any kind, come within the range of this salutary principle. The counsel for the plaintiff admit this, but they contend that it does not apply to the present case,…
2Cases cited1 opinion
- Frets v. FretsNew York Supreme Court · 1823
3Cited by4 opinions
- Aycock v. . GillSupreme Court of North Carolina · 1922
- George v. LeonardDistrict Court, E.D. South Carolina · 1947
- Johnson v. . PittmanSupreme Court of North Carolina · 1927
- Frye v. SovineCourt of Appeals of North Carolina · 1982