Filson's Trustees v. Himes
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. Dec. 1. This was an amicable action brought in the court below by the trustees of Jacob II. Eilson, under a writ of domestic attachment, upon the following article of agreement entered into between the said Jacob H. Eilson and one George W. Himes, viz.: “ Articles of agreement made and entered into this 27th day of November, 1844, between J. II.
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Error to the Common Pleas of Lancaster county. Dec. 1. This was an amicable action brought in the court below by the trustees of Jacob II. Eilson, under a writ of domestic attachment, upon the following article of agreement entered into between the said Jacob H. Eilson and one George W. Himes, viz.: “ Articles of agreement made and entered into this 27th day of November, 1844, between J. II. Eilson, of the first part, and George W. Himes, of the second part, both of Concord, Lancaster county, and state of Pennsylvania, witnesseth, that for and in consideration of the following provisions and…
1Opinion of the CourtGibson, C. J.
If any part of an indivisible promise, or any part of an indivisible consideration for a promise, is illegal, the whole is void. Such is the principle extracted from the cases by Mr. Chitty in the second section of his chapter on illegal contracts ; and the old notion of the difference between a prohibitory statute as a tyrant, and the common law as a nursing mother, he thinks has been exploded. In the first place, then, is not the procurement of an appointment to office by private influence, illegal on the ground of public policy ? In England, a public office is yet so much a subject of…
2Cases cited4 opinions
- Clippinger v. HepbaughSupreme Court of Pennsylvania · 1843
- Hatzfield v. GuldenSupreme Court of Pennsylvania · 1838
- Frazier v. ThompsonSupreme Court of Pennsylvania · 1841
- Yundt v. RobertsSupreme Court of Pennsylvania · 1819
3Cited by6 opinions
- Schneider v. Local Union No. 60, United Ass'n Journeymen PlumbersSupreme Court of Louisiana · 1905
- Hare v. PhaupSupreme Court of Oklahoma · 1909
- Allen v. LineSuperior Court of Pennsylvania · 1899
- Joffe v. Miller, Pennsylvania Court of Common Pleas, Washington County1927
- Kimball v. Cambria County, Pennsylvania Court of Common Pleas, Cambria County1965
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