Kennedy v. Lonabaugh
Wyoming Supreme Court
ERROR to the District Court, Sheridan County; Hon. Carroll H. Parmelee, Judge. The material facts are stated in the opinion. It is clear from the pleadings filed by Lonabaugh that he is indebted to Kennedy in the sdm of $2,500. There is nothing in the record showing Lonabaugh to be entitled to anything on account of the 50,000 shares of stock held by Kennedy.
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ERROR to the District Court, Sheridan County; Hon. Carroll H. Parmelee, Judge. The material facts are stated in the opinion. It is clear from the pleadings filed by Lonabaugh that he is indebted to Kennedy in the sdm of $2,500. There is nothing in the record showing Lonabaugh to be entitled to anything on account of the 50,000 shares of stock held by Kennedy. Whatever support there may be for the judgment dismissing the action on the ground that the contract between the parties was contrary to public policy and illegal must be found in the pleadings, or in the contract set out in the second…
1Opinion of the Court
Scott, Justice.
This action was commenced by Lonabaugh against Kennedy for an accounting. Kennedy by way of counter claim and cross-petition sought to recover from Lonabaugh $2,500 and interest thereon from October 12, 1903. The case was tried to the court without the intervention of a jury. The court upon due consideration and of its own motion dismissed the. case upon the ground “that the transaction upon which are based the claims of both plaintiff and defendant was and is contrary to public policy and illegal and can not be made a basis of recovery by either party.” . Both parties bring…
2Cases cited49 opinions
- McMullen v. HoffmanSupreme Court of the United States · 1899
- Armstrong v. TolerSupreme Court of the United States · 1826
- Brooks v. MartinSupreme Court of the United States · 1864
- Armstrong v. American Exchange Nat. Bank of ChicagoSupreme Court of the United States · 1890
- Planters' Bank v. Union BankSupreme Court of the United States · 1873
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3Cited by17 opinions
- Wise v. RadisCalifornia Court of Appeal · 1925
- Hoge v. GeorgeWyoming Supreme Court · 1921
- McManus v. FultonMontana Supreme Court · 1929
- Murphy v. StevensWyoming Supreme Court · 1982
- Owens v. CapriWyoming Supreme Court · 1949
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