Howell v. Stewart
Supreme Court of Missouri
Error to St. Charles Circuit Court. I. If the eon tract grows immediately out of, or is connected with, an illegal or immoral act, a court of justice will not enforce it (2 Kent Com., 466; Buck vs. Albee, 26 Yer., 184). If the illegal use to be made of the goods or money enters into the contract, and forms the motive or inducement in the mind of the vendor ( or lender) to the sale or loan, then he cannot recover, provided the goods or money are so used.
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Error to St. Charles Circuit Court. I. If the eon tract grows immediately out of, or is connected with, an illegal or immoral act, a court of justice will not enforce it (2 Kent Com., 466; Buck vs. Albee, 26 Yer., 184). If the illegal use to be made of the goods or money enters into the contract, and forms the motive or inducement in the mind of the vendor ( or lender) to the sale or loan, then he cannot recover, provided the goods or money are so used. (Kneiss vs. Seligman, 8 Barb., 439 ; McKinnell vs. Robinson, 3 Mee. & W., 434.) II. That, for which a, demurrer will lie, cannot be reached…
1Opinion of the CourtSherwood, Judge
The plaintiff brought suit against the defendant in the St. Charles Circuit Court on a promissory note, dated July 8th, 1872, for the sum of one thousand dollars.
The answer of the defendant is as follows: “Defendant for his answer says, that he is surety only on the note sued on, that the principal debtor therein is John E. Stewart, that said debt was contracted for money loaned (said Jno. E. to assist him in bringing in said county-of St. Charles Texas cattle, contrary to the statute law of this State, and at a time when their importation was not allowed, to-wit: between the first days of…
2Cases cited8 opinions
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Michael v. BaconSupreme Court of Missouri · 1872
- Kreiss v. SeligmanNew York Supreme Court · 1850
- Sapington v. JeffriesSupreme Court of Missouri · 1852
- Cashman v. AndersonSupreme Court of Missouri · 1857
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3Cited by36 opinions
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- Proctor v. StateCourt of Criminal Appeals of Oklahoma · 1918
- Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
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