Legal Opinion

Coventry v. Barton

New York Supreme Court

Decided October 15, 1819PublishedCited by 28 opinions

THIS was an action of assumpsit, tried at the Columbia circuit, in November, 1818, before Mr. Justice Yates. and the The defendant was, in 1812, overseer of highways plaintiff was assessed to work on the highways within the defendant’s district, and when working with others, on the road under the direction of the defendant, they came to a turnpike gate placed at the intersection of the Rensselaer road with the Farmer’s turnpike road.

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THIS was an action of assumpsit, tried at the Columbia circuit, in November, 1818, before Mr. Justice Yates. and the The defendant was, in 1812, overseer of highways plaintiff was assessed to work on the highways within the defendant’s district, and when working with others, on the road under the direction of the defendant, they came to a turnpike gate placed at the intersection of the Rensselaer road with the Farmer’s turnpike road. The commissioner of highways, who was also present, ordered the defendant to set his men to work and take away the gate ; upon which the detendant ordered the…

1Opinion of the Court

Spencer, Ch. J..

delivered the opinion of the court. The plaintiff cannot pretend to claim on the ground of contribution, for it is well settled that, as between trespassers, there can be no contribution. In such case, the law will not imply a promise. It is a general and well established principle, that, if the consideration be illegal, it will not uphold an assumpsit : as in the case put in the books: the defendant, in consideration of 20 shillings, assumed to pay 40 shillings if he did not beat J. S. out of such a close. The common law prohibits every thing unjust, or contra bonos mores,…

2Cited by28 opinions

  1. Castle v. . NoyesNew York Court of Appeals · 1856
  2. Nashua Iron & Steel Co. v. Worcester & Nashua RailroadSupreme Court of New Hampshire · 1882
  3. Vandiver & Co. v. PollakSupreme Court of Alabama · 1894
  4. Howe v. . Buffalo, N.Y. Erie R.R. Co.New York Court of Appeals · 1867
  5. Douglas v. Los Angeles Herald-ExaminerCalifornia Court of Appeal · 1975

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