Duval v. . Wellman
New York Court of Appeals
Appeal from order of. the General Term of the Court of Common Pleas for the city of Mew York, made May 4, 1888,, which reversed an order of the General Term of the City Court, which reversed an order of the Special Term of said court denying a motion for a new trial. This action was brought to recover back moneys paid by plaintiff’s assignor to defendant upon contracts set forth in the opinion, in which the material facts are also stated.
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Appeal from order of. the General Term of the Court of Common Pleas for the city of Mew York, made May 4, 1888,, which reversed an order of the General Term of the City Court, which reversed an order of the Special Term of said court denying a motion for a new trial. This action was brought to recover back moneys paid by plaintiff’s assignor to defendant upon contracts set forth in the opinion, in which the material facts are also stated. The contract is void as against public policy, but the parties are not in pari delicto, and the money paid thereunder can be recovered. (Smith v. Bruning, 2…
1Opinion of the CourtBrown, J.
The record before us does not contain the pleadings, and we are not informed of the grounds upon which the plaintiff therein based Ms right to recover. The case has, however, been disposed of in defendant’s favor in the court below on the ground that the contract between the parties, upon which the money was paid, was illegal, and that the plaintiff’s assignor was pa/rticeps criminis, and equal in guilt with the defendant.
But whether the cause of action was based upon the contract, or upon the illegality of the contract, and in disaffirmance thereof, does not appear.
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2Cases cited4 opinions
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Boynton v. HubbardMassachusetts Supreme Judicial Court · 1810
- Crawford v. RusellNew York Supreme Court · 1872
- Schroeppel v. . CorningNew York Court of Appeals · 1851
3Cited by40 opinions
- Berman v. CoakleyMassachusetts Supreme Judicial Court · 1923
- Beit v. BeitSupreme Court of Connecticut · 1948
- Laun v. Pacific Mutual Life InsuranceWisconsin Supreme Court · 1907
- Ryan v. Motor Credit Co., Inc.New Jersey Superior Court Appellate Division · 1941
- Merchants' Line v. Baltimore & Ohio RailroadNew York Court of Appeals · 1918
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