Commissioners of Catawba County v. Setzer
Supreme Court of North Carolina
Civil actioN, tried at Spring Term, 1873, of the Superior Court of Catawba county, before Mitchell, J. Plaintiff' the Board of Commissioners of Catawba county, seeks to recover from the defendant the sum of five hundred dollars, heretofore wrongfully paid to him by -Jonas Cline, sheriff of the county.
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Civil actioN, tried at Spring Term, 1873, of the Superior Court of Catawba county, before Mitchell, J. Plaintiff' the Board of Commissioners of Catawba county, seeks to recover from the defendant the sum of five hundred dollars, heretofore wrongfully paid to him by -Jonas Cline, sheriff of the county. The facts are: In 1862, Jonas Cline, at a -called Court of the Justices of Catawba county, a majority being present, was appointed an agent to buy salt for the county, and to enable him to do this he was authorized to borrow the sum of $5000. Pursuant to this order, he borrowed of defendant…
1Opinion of the CourtRodjiaN, J.
In a case between individuals the law is too well settled to admit of dispute. It is said in Chitty on Contracts 636: “ If an illegal contract be executed or performed, and both parties are in pari delicto, no action lies to recover back money paid;” and in Howson v. Hancock, 8 T. Rep. 575, Ld. Kenyon, O. J., says: “ But there is no case to be found where, when money has been actually paid by one of the parties to the other, upon an illegal contract, both being par-ticipes criminis, an action has been maintained to recover it back again.” See also Pearson v. Lord, 6 Mass. 81, and Worcester v.…
2Cases cited2 opinions
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Pearson v. LordMassachusetts Supreme Judicial Court · 1809
3Cited by11 opinions
- Guerry v. American Trust Co.Supreme Court of North Carolina · 1951
- Board of Commissioners of MacOn County v. Board of Commissioners of Jackson CountySupreme Court of North Carolina · 1876
- Brummitt v. . McGuireSupreme Court of North Carolina · 1890
- Hooper v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1925
- Bernhardt v. Railroad Co.Supreme Court of North Carolina · 1904
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