Legal Opinion

Pendleton v. Asbury

Missouri Court of Appeals

Decided February 1, 1904PublishedCited by 3 opinions

Appeal from Dallas Circuit Court. — Ho». Argus Coco, Judge. (1) The contract sued on is without consideration. It is void, because illegal and against public policy. Where plaintiff’s own evidence shows the transaction to be illegal or against public policy, he can not recover. Parsons v. Randolph, 21 Mo. App. 353; Harrison v. Mc-Cluney, 32 Mo. App. 481; Woods v. Mosier, 22 Mo. 333; Lawlin v. Bradley, 13 Mo.

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Appeal from Dallas Circuit Court. — Ho». Argus Coco, Judge. (1) The contract sued on is without consideration. It is void, because illegal and against public policy. Where plaintiff’s own evidence shows the transaction to be illegal or against public policy, he can not recover. Parsons v. Randolph, 21 Mo. App. 353; Harrison v. Mc-Cluney, 32 Mo. App. 481; Woods v. Mosier, 22 Mo. 333; Lawlin v. Bradley, 13 Mo. App. 361. (2) Contracts that may injuriously affect the public will not be enforced. ' Nash v. Kerr, 19 Mo. App. 1; Reed v. Pepper, 2 Mo. App. 82; Kribben v. Haycraft, 26 Mo. 396; Porter…

1Opinion of the CourtSmith, P. J.

This is an action on account to recover $55.62 for publishing certain constitutional amendments in the Buffalo Reflex, a newspaper of which plaintiff was the proprietor. The plaintiff had judgment in the circuit court and the defendant appealed.

The facts appearing directly, or by inference, from the record are that in 1900 at the county of Dallas, in this State, the plaintiff was the publisher of a newspaper called the Reflex, and the defendant was the publisher of that called the Record. These two papers the expositors of the principles of opposing schools of political thought. They were…

2Cases cited4 opinions

  1. Connor v. BlackSupreme Court of Missouri · 1893
  2. Hatch v. HansonMissouri Court of Appeals · 1891
  3. Parsons v. RandolphMissouri Court of Appeals · 1886
  4. Harrison v. McCluneyMissouri Court of Appeals · 1888

3Cited by3 opinions

  1. Kennedy v. LonabaughWyoming Supreme Court · 1911
  2. Oliver v. WilderColorado Court of Appeals · 1915
  3. Oliver v. WilderColorado Court of Appeals · 1915

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