Griffin v. . Hasty
Supreme Court of North Carolina
Civil ACTION, tried before Shipp, Judge, at Fall Term, 1885, of the Superior Court of UNION county. This action, begun before a justice of the peace, and removed by defendants’ appeal to the Superior Court, is for the recovery of the amount due on a note under seal, executed by the defendants, to J. W. Griffin, sheriff of Union county, and assigned by him to the plaintiff, for a valuable consideration.
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Civil ACTION, tried before Shipp, Judge, at Fall Term, 1885, of the Superior Court of UNION county. This action, begun before a justice of the peace, and removed by defendants’ appeal to the Superior Court, is for the recovery of the amount due on a note under seal, executed by the defendants, to J. W. Griffin, sheriff of Union county, and assigned by him to the plaintiff, for a valuable consideration. The claim is resisted upon an allegation of illegality in the consideration, and in the transaction in which it originated. The pleadings before the justice are drawn out at great length, and…
1Opinion of the CourtShith, C. J.
(after stating the facts). As the plaintiff took the note under an assignment made after its maturity it passes into his hands, subject to all the infirmities and defences to which it was exposed when held by 'the assignor.
' It is an established principle governing the law of contracts, that they will not be enforced when resting upon a consideration against good morals, public policy, or the law, common and statutory, and it is expressed in the maxim ex turpi causa, non oritur actio. This vitiating result follows, when the illegal purpose enters into, and forms a part of an entire…
2Cases cited6 opinions
- King v. . WinantsSupreme Court of North Carolina · 1874
- Covington v. . ThreadgillSupreme Court of North Carolina · 1883
- Lindsay v. . SmithSupreme Court of North Carolina · 1878
- Shotwell v. HamblinMississippi Supreme Court · 1851
- State v. . TatomSupreme Court of North Carolina · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Burbage v. . WindleySupreme Court of North Carolina · 1891
- Harrington's Administrator v. CrawfordSupreme Court of Missouri · 1896
- Lamm v. CrumplerSupreme Court of North Carolina · 1951
- Alston v. . HillSupreme Court of North Carolina · 1914
- E. S. Shelby Vinegar Co. v. HawnSupreme Court of North Carolina · 1908
7 more not listed; retrieve them via the Exa API.