Mitchell v. Smith
Supreme Court of Pennsylvania
Error from the Court of Common Pleas of Luzerne county, where an action of debt had been brought by Smith, for the use of Cash, against Mitchell, upon a single bill, or scaled note, dated the 11th of March 1796, for $483.33, payable in three years, with interest. The defendant pleaded payment, with leave to give the special matter in evidence: and thereupon, issue was joined.
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Error from the Court of Common Pleas of Luzerne county, where an action of debt had been brought by Smith, for the use of Cash, against Mitchell, upon a single bill, or scaled note, dated the 11th of March 1796, for $483.33, payable in three years, with interest. The defendant pleaded payment, with leave to give the special matter in evidence: and thereupon, issue was joined. On the evidence, it appeared, that the note was given for 1500 acres of land, lying in the township of Smithfield, in the county of Luzerne, out of the seventeen townships, which Smith conveyed to Mitchell, at the time…
1Opinion of the Court
After great consideration, the judges delivered their opinions at large, seriatim, pronouncing the contract, on which the bill or note was given, to be unlawful, immoral and against the public policy of the law. They, therefore, decided, that no court of justice in Pennsylvania could lend its aid to effectuate such a contract; and, consequently, reversed the judgment of the court of common pleas. (a)
Judgment reversed.
The same principle has been decided in Maybin v. Coulon, and in Duncanson v. McLure; both cases of contravening the act of congress, for registering vessels of the United States.
2Cited by1 opinion
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