Martin v. Wade
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. This was an action brought on the following promissory note: “$710 00. SamFrancisco, August 5th, 1867.—Sixty days after date, without grace, I promise to pay to Austin Wiley, or order, the sum of seven hundred and ten dollars, payable only in gold coin of the Government of the Hnited States, for value received, with interest thereon, in like gold coin, at the rate of one and a half…
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. This was an action brought on the following promissory note: “$710 00. SamFrancisco, August 5th, 1867.—Sixty days after date, without grace, I promise to pay to Austin Wiley, or order, the sum of seven hundred and ten dollars, payable only in gold coin of the Government of the Hnited States, for value received, with interest thereon, in like gold coin, at the rate of one and a half per cent per month from October 6th, 1867, until paid. D. 0. McCarthy.” The plaintiff averred in the complaint that the…
1Opinion of the Court
By the Court, Rhodes, J. :
That the- agreement between Wiley and McCarthy, as stated in the answer, was in violation of the general law of public policy, immoral, and malum, in se, and, therefore, wholly void, there can be no reasonable doubt. Contracts by which parties agree to bestow their money and services to secure the election of candidates for public office, and the candidates, in consideration thereof, agree, if elected, to share with such parties the profits and income of their offices, corrupt and poison the very source of political power in republican governments.
There is a marked…
2Cases cited1 opinion
- Tex. & Pac. R'y Co. v. HaysCourt of Appeals of Texas · 1884
3Cited by9 opinions
- Melchoir v. McCartyWisconsin Supreme Court · 1872
- Citizens' National Bank v. GreenSupreme Court of North Carolina · 1878
- Brooks v. BrooksCalifornia Court of Appeal · 1944
- Hill v. KiddCalifornia Supreme Court · 1872
- Le Tourneux v. GillissCalifornia Court of Appeal · 1905
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