Welsh v. Cutler
Supreme Court of New Hampshire
In Assumpsit. The count was for money had and received by the defendant to the plaintiff’s use. In his specification the plaintiff claimed various sums received by the defendant at several times, from October 2, 1858, to July 16, 1860, amounting to $1,784. The defendant pleaded the general issue.
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In Assumpsit. The count was for money had and received by the defendant to the plaintiff’s use. In his specification the plaintiff claimed various sums received by the defendant at several times, from October 2, 1858, to July 16, 1860, amounting to $1,784. The defendant pleaded the general issue. The plaintiff stated his action to be brought for the recovery of the several sums set forth in his specification, amounting to $1,784, which he alleged, and expected to prove, were won by the defendant from him by gaming, and were paid by the plaintiff’, and received by the defendant wholly on that…
1Opinion of the CourtBellows, J.
It must be regarded as well settled that where, in reference to any act or contract the parties are in pari delicto, courts *562of law will leave them to adjust their unlawful concerns as they may, and will not lend their aid to enforce any claims arising therefrom, upon the maxim that in such cases potior est conditio defendentis. White v. Hunter, 23 N. H. 128; Robey v. West, 4 N. H. 285; Perkins v. Eaton, 3 N. H. 152; Clark v. Gibson, 12 N. H. 386 ; Hawsen v. Hancock, 8 T. R. 575.
The only question is whether, in the case of money won at play, the parties are to be regarded as coming within this…
2Cases cited3 opinions
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- M'Cullum v. GourlayNew York Supreme Court · 1811
- West v. HolmesSupreme Court of Vermont · 1854
3Cited by1 opinion
- E. D. Clough & Co. v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914