St. John v. St. John's Church
New York Supreme Court
This action was brought to recover moneys which the plaintiff was compelled to pay under the following circumstances. St. John, the plaintiff, and two others, Speed and More, at a meeting of the board of trustees of St. John’s Church, were directed by a resolution to take measures for removing a school house from the church lot of the defendants, and which building belonged to Miss Mary Baird.
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This action was brought to recover moneys which the plaintiff was compelled to pay under the following circumstances. St. John, the plaintiff, and two others, Speed and More, at a meeting of the board of trustees of St. John’s Church, were directed by a resolution to take measures for removing a school house from the church lot of the defendants, and which building belonged to Miss Mary Baird. The plaintiff, Speed and More went on and removed the building, and they were sued in trespass on the ground that the defendants or their agents had no right to remove the building, and a judgment for…
1Opinion of the Court
By the Court, Mason, J.
The principle is an elementary one that no court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If the plaintiff’s cause of action arise ex turpi causa, or the transgression of a positive law of the land, then the courts hold that he is not entitled to invoke the aid of the court to assist him. The maxim is “ Ex dolo malo non oritur actio.” It is a general doctrine of the - common law that there can be no reimbursement or contribution. *348whether they are principals or agents, in such a case. Thus, if A. recover in tort against…
2Cases cited1 opinion
- Coventry v. BartonNew York Supreme Court · 1819
3Cited by4 opinions
- Farrington v. BullardNew York Supreme Court · 1863
- O'Connor v. BagleyNew York Court of Common Pleas · 1854
- Rouge v. RougeThe Superior Court of New York City · 1895
- Turner v. JonesNew York Supreme Court · 1869