Kribben v. Haycraft
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. Demurrer to a petition. Plaintiff stated in his petition that defendant, Eliza Haycraft, by her certain instrument in writing or obligation, “ promised, in consideration of the ser-Tices to be rendered by plaintiff in and. about procuring a commutation of the sentence against her (said defendant’s) sister Sarah, then under sentence to be hung, and for the affection the said defendant bore to her said sister, to pay to plaintiff or…
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Error to St. Louis Court of Common Pleas. Demurrer to a petition. Plaintiff stated in his petition that defendant, Eliza Haycraft, by her certain instrument in writing or obligation, “ promised, in consideration of the ser-Tices to be rendered by plaintiff in and. about procuring a commutation of the sentence against her (said defendant’s) sister Sarah, then under sentence to be hung, and for the affection the said defendant bore to her said sister, to pay to plaintiff or order, on demand, the sum of five hundred dollars as soon as the said sentence for hanging should be commuted by the…
1Opinion of the CourtRichardson, Judge
It is a principle of law dictated by the soundest policy that an agreement can not be enforced by which one person promises to pay another for obtaining or trying to obtain a pardon. (Noonan v. Cole, 3 Esp. 253; Hatzfield v. Gulden, 7 *398Watts, 152; McGill v. Burnett, 7 J. J. Marsh. 640; Wood v. McCann, 6 Dana, 366.) These cases are founded on the obvious reason that such contracts are illegal, inasmuch as they tend to encourage the use of improper means to accomplish the object, and are in conflict with the intelligent and proper exercise of the pardoning power. But it is insisted that the…
2Cases cited2 opinions
- Hatzfield v. GuldenSupreme Court of Pennsylvania · 1838
- Wood v. McCannCourt of Appeals of Kentucky · 1838
3Cited by5 opinions
- Wakefield v. VanTassellIllinois Supreme Court · 1903
- Porter v. JonesSupreme Court of Missouri · 1873
- Brooks v. CooperSupreme Court of New Jersey · 1893
- Spaulding v. MailletMontana Supreme Court · 1920
- Adams Express Co. v. RenoSupreme Court of Missouri · 1871