Cumpston v. Lambert
Ohio Supreme Court
This is a writ of error to the Supreme Court for Lawrence county. The original action, which was commenced in the court of common pleas of that county, was in assumpsit. The action was brought by Cumpston' against Lambert. The declaration contained nine counts. The defendant demurred to all the counts, and the court of common pleas sustained the demurrer. The case was taken to the supreme court on and' the judgment of the court of common pleas affirmed.
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This is a writ of error to the Supreme Court for Lawrence county. The original action, which was commenced in the court of common pleas of that county, was in assumpsit. The action was brought by Cumpston' against Lambert. The declaration contained nine counts. The defendant demurred to all the counts, and the court of common pleas sustained the demurrer. The case was taken to the supreme court on and' the judgment of the court of common pleas affirmed. This writ is prosecuted to reverse the judgment of the supreme court, the error complained of being that this court affirmed the judgment of…
1Opinion of the CourtCaldwell, J.
The simple question, arising on this record, is whether a promise of indemnity of this kind is valid ?
The general rule on the subject is, that agreements to perform, or indemnify for the performance of, unlawful acts, are void. Another rule,' of a kindred character, is, that there can be no contribution between wrong-doers.
There are, however, exceptions to these rules, where a contract of indemnity has been held good, notwithstanding the act done, which formed the consideration, was illegal, and the person doing it liable to the party injured, on the ground that the party doing the act did…
2Cited by13 opinions
- Rogers v. BonnettSupreme Court of Oklahoma · 1894
- People v. HawleyCalifornia Supreme Court · 1896
- State v. WilliamsOhio Supreme Court · 1974
- Davis v. StateOhio Court of Appeals · 1927
- Hepp v. StateOhio Court of Appeals · 1933
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