Kick v. Merry
Supreme Court of Missouri
Appeal from, St. Louis Law Commissioner’s Court. This was a suit to recover upon a contract, set forth in the petition as follows: 4 ‘ That in consideration that the plaintiff would use his utmost diligence in aiding and assisting to apprehend one Gr.
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Appeal from, St. Louis Law Commissioner’s Court. This was a suit to recover upon a contract, set forth in the petition as follows: 4 ‘ That in consideration that the plaintiff would use his utmost diligence in aiding and assisting to apprehend one Gr. W. Morrison, charged with the crime of larceny, and aid in bringing him, the said Morrison, to trial, for the said crime, he, said defendant, would give to said plaintiff one half of whatever amount might be recovered from said Morrison, at the suit of the State of Missouri against him, said Morrison, upon said charge of larceny, as aforesaid.”…
1Opinion of the CourtScott, Judge
This action can not be maintained. It is a principle of the common law that an officer ought not to take money for doing his duty. Hawkins says, “ if once it should be allowed that promises to an officer, to pay more for his services than the law allows, could sustain an action, the people would quickly be given to understand how kindly they would be taken, and happy would that man be who could have his business well done without them.” (1 Hawk. ch. 68, § 4.) This is an ancient principle, and it has been steadily adhered to as being necessary to save the community from extortion and…
2Cases cited2 opinions
- Hatch v. MannCourt for the Trial of Impeachments and Correction of Errors · 1835
- State v. RobertsSupreme Court of Missouri · 1851
3Cited by18 opinions
- Lingenfelder v. Wainwright Brewing Co.Supreme Court of Missouri · 1890
- People v. DerbyCalifornia Court of Appeal · 1960
- Porter v. JonesSupreme Court of Missouri · 1873
- Smith v. Vernon CountySupreme Court of Missouri · 1905
- Lees v. ColganCalifornia Supreme Court · 1898
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