Greer v. Nutt
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. (1) The traffic in public offices is unlawful at common law, as being against public policy, and is also provided against by statutes; consequently no valid contract can arise out of a transaction tainted with such illegality.
Read the full summary
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. (1) The traffic in public offices is unlawful at common law, as being against public policy, and is also provided against by statutes; consequently no valid contract can arise out of a transaction tainted with such illegality. Keener on Selection on Contracts, p. 820; Hopkins v. Drescott, 4 C. B. 578; Flarty v. Odium, 3 T. R. 681; Lidderdale v. Duke, 4 T. R. 248; Wells v. Foster, 8 M. & W. 149. A promise, made in consideration of the appointing power being prevailed upon by the promisee to appoint the promisor to…
1Opinion of the CourtRombauer, P. J.
— The plaintiff brought suit against the defendant for a balance claimed to be due on a.running account. The defendant answered by way of general denial, and set up a counter-claim for $2,026.73. On the trial of the cause before a jury, such proceedings were had that the defendant recovered judgment on the plaintiff's cause of action, as well as on her counter-claim. The plaintiff appeals from the judgment on the counter-claim only, and assigns for error that the court should have declared the contract, on which such counter-claim was founded, illegal and contrary to public policy, and that…
2Cases cited2 opinions
- Sexton v. AndersonSupreme Court of Missouri · 1888
- Porter v. JonesSupreme Court of Missouri · 1873
3Cited by4 opinions
- Phoenix Powder Manufacturing Co. v. Wabash RailroadMissouri Court of Appeals · 1903
- Rose v. HowardMissouri Court of Appeals · 1984
- Zeidler v. SchneiderMissouri Court of Appeals · 1914
- McCrary v. ThompsonMissouri Court of Appeals · 1907