Horn v. Star Foundry Co.
West Virginia Supreme Court
CrREEN, Judge, furnishes the following statement of the case: At June rules, 1881, T. J. Horn filed his bill in the circuit court of Woorl county against the Star Foundry Company, a corporation, and also against certain stockholders of said' corporation as partners under theuame of the Star Foundry Company.
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CrREEN, Judge, furnishes the following statement of the case: At June rules, 1881, T. J. Horn filed his bill in the circuit court of Woorl county against the Star Foundry Company, a corporation, and also against certain stockholders of said' corporation as partners under theuame of the Star Foundry Company. The bill states, that prior to February 23, 1881, the individual defendants proposed to engage in the foundry business in Parkersburg, and to become a corporation under the name of the Star Foundry Company. They obtained a certificate of incorporation on January 20, 1881, which was duly…
1Opinion of the Court
Green, Judge:
The law question involved in this cause is, whether when two parties enter into a contract the purpose and effect of which is, that something by the terms of the contract is to be done which is contrary to public policy or. is fraudulent, and both of the parties to such contract are equally guilty, will a court either of law or of equity enforce such contract ? An examination of the authorities shows, that the proper answer to this question is, that as a general rule neither a *533court of law or of equity will enforce such fraudulent or vicious contract. The maxim “m pari delicto…
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3Cited by15 opinions
- Edgell v. SmithWest Virginia Supreme Court · 1901
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- Craig v. CraigWest Virginia Supreme Court · 1903
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