Fineman v. . Faulkner
Supreme Court of North Carolina
Appeal by defendant from Whedbee, J., at June Term, 1917, of Edge-combe. This is an action against tbe administrator of Mamie Faulkner upon a note for tbe purchase-of an Edison machine. Tbe defense set up by tbe administrator is that tbe note was void because contrary to public Xoolicy.
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Appeal by defendant from Whedbee, J., at June Term, 1917, of Edge-combe. This is an action against tbe administrator of Mamie Faulkner upon a note for tbe purchase-of an Edison machine. Tbe defense set up by tbe administrator is that tbe note was void because contrary to public Xoolicy. Counsel agreed upon tbe following statement of facts: “That defendant’s intestate was on 18 September, 1916, and several years prior thereto, a public prostitute, and was on said date carrying-on her ‘trade at her home in Princeville, across tbe river from tbe town of Tarboro; that plaintiff knew by general…
1Opinion of the CourtClark, C. J.
Mr. Gilliam, tbe counsel for tbe plaintiff, is absent in tbe army, but we think tbe principles covering this case are admirably summed up in tbe following quotation which, with a slight modification, is taken from bis brief:
“When the selling of goods is in itself unlawful, tbe price cannot be recovered with tbe aid of tbe court. When tbe thing sold can only be-used for an unlawful purpose, tbe price cannot be recovered. But when tbe sale of tbe goods is entirely lawful and-the thing sold is, under ordi nary circumstances, used for a perfectly lawful and legitimate purpose, tbe mere knowledge…
2Cases cited15 opinions
- Courtney v. . ParkerSupreme Court of North Carolina · 1917
- Godwin v. Telephone Co.Supreme Court of North Carolina · 1904
- State v. . BeversSupreme Court of North Carolina · 1882
- Anheuser-Busch Brewing Ass'n v. MasonSupreme Court of Minnesota · 1890
- Rowland v. Old Dominion Building & Loan Ass'nSupreme Court of North Carolina · 1894
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