Burt v. Place
New York Supreme Court
Assumpsit for land sold, money had and received, &c.; tried at the Oneida circuit, in March, 1826, before Williams, C. Judge ; when a verdict was taken for the plaintiff, for $296,30, subject to the opinion of this court. At the trial, it appeared that the plaintiff had, in April, 1822, conveyed a small parcel of land to the defendant, by deed acknowledging the receipt of $300 consideration money. But $10 were, however, in fact, paid.
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Assumpsit for land sold, money had and received, &c.; tried at the Oneida circuit, in March, 1826, before Williams, C. Judge ; when a verdict was taken for the plaintiff, for $296,30, subject to the opinion of this court. At the trial, it appeared that the plaintiff had, in April, 1822, conveyed a small parcel of land to the defendant, by deed acknowledging the receipt of $300 consideration money. But $10 were, however, in fact, paid. The defendant agreed to pay the residue in specific articles, excepting $50, which he was to retain for assisting the plaintiff in defending a law-suit, pending…
1Opinion of the Court
Curia, per
Savage, Ch. Justice.
Maintenance being prohibited by statute, (1 R. L. 173, 174,) and a part of the consideration being therefore illegal; this was sufficient to vitiate the contract. (1 Leon. 179, 180. Dy. 355. b.)
The main question then is, can money paid or received upon an illegal contract be recovered back ?
The general rule of law is, that it cannot, when it is paid upon an illegal consideration, and both parties are equally criminal. This was so laid down by lord Mansfield, in Smith v. Bromley, (Doug. 696, note.) His language is, “ if the act is, in itself, immoral, or a…
2Cases cited1 opinion
- Hunt v. KnickerbackerNew York Supreme Court · 1810
3Cited by9 opinions
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- Quigley v. ThompsonIndiana Supreme Court · 1876
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- Pollak v. GregoryThe Superior Court of New York City · 1861
- The Clara A. McIntyreDistrict Court, E.D. North Carolina · 1899
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