Barron v. Tucker
Supreme Court of Vermont
This case was heard at the December Term, 1880, Taft, J., presiding. Judgment for the defendant, on the report of a referee. The referee found: plaintiff’s specification. “Dec. 1873. To livery and expense in case, State v. William H. Tucker, $22.00 To personal services in same, 28.00 $50.00 In August, 1873, the defendant was held to bail by a justice of the peace in $800, on a grand juror’s complaint for adultery.
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This case was heard at the December Term, 1880, Taft, J., presiding. Judgment for the defendant, on the report of a referee. The referee found: plaintiff’s specification. “Dec. 1873. To livery and expense in case, State v. William H. Tucker, $22.00 To personal services in same, 28.00 $50.00 In August, 1873, the defendant was held to bail by a justice of the peace in $800, on a grand juror’s complaint for adultery. About the time of the session of the court, in December, 1873, the defendant applied to the plaintiff to assist him in the matter of said prosecution ; and he agreed to. The parties…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
Chanceller Kent lays down the rule that the consideration of a contract must, in order to entitle the party to recover, “ not only be valuable, but it must be a lawful consideration, and not repugnant to law, or sound policy, or good morals. Ex turpi contractu actio non oritur ; and no person even so far back as the feudal ages, was permitted by law to stipulate for iniquity.” 2 Kent Com. *466.
In Smith on Contracts, page 141, the author says : “ There is another remarkable instance of contracts falling under this class, namely, of illegality…
2Cases cited8 opinions
- State v. KeyesSupreme Court of Vermont · 1836
- Powers v. SkinnerSupreme Court of Vermont · 1861
- Town of Hinesburgh v. SumnerSupreme Court of Vermont · 1837
- Nichols v. MudgettSupreme Court of Vermont · 1860
- McNamee v. BuckSupreme Court of Vermont · 1856
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Tarbell v. Rutland RailroadSupreme Court of Vermont · 1901
- Aycock v. . GillSupreme Court of North Carolina · 1922
- Wells v. FloodySupreme Court of Minnesota · 1923
- Janzen v. CrumNorth Dakota Supreme Court · 1924
- Weber v. Shay & CoganOhio Supreme Court · 1897