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" If the act is in itself immoral, or a violation of the general laws of public policy, there, the, party paying shall not have this action ; for where both parties are equally criminal against such general laws, the rule is, potior est conditio defendentis. "
Cases in Quasi Contract: Selected from Decisions of English and American Courts - Page 558
by Edward Sampson Thurston - 1916 - 622 pages
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Reports of Cases Argued and Determined in the Court of ..., Part 115, Volume 2

Great Britain. Court of King's Bench, Sylvester Douglas Baron Glenbervie - Law reports, digests, etc - 1790 - 460 pages
...infifted upon it, ihe, in coropaliion to her brother, paid what he required. If tne aft is in itfelf immoral, or a violation of the general laws of public policy, there, the party paying fhal! not have this action ; for where both parties are equally criminal againft fuch general laws,...
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Cases in Equity During the Time of the Late Lord Chancellor Talbot ..., Volume 5

Great Britain. Court of Chancery - Equity - 1792 - 448 pages
...where, in the words of Lord Mansfitld, the following rule is laid down, viz. " If the a& itfelf is immoral, or a violation of the general laws of public policy, there the party paying (hall not have his action (indebitatus affumpftt) j for where both parties are equally criminal againft...
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A General Index to the Modern Reporters, Relative to the Law ..., Volume 1

John Kells - Law reports, digests, etc - 1797 - 530 pages
...in Smith v Rromlry, \ Salt. pi. 2. is abfurd, fultnti non ft injuria — if the act is in ilfelf immoral, or a violation of the general laws of public policy, there the party paying, (hall not have an action for fb much money received ; for where both parties are equally criminal againll...
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A Treatise of the Law Relative to Contracts and Agreements Not ..., Volume 2

Samuel Comyn - Contracts - 1807 - 646 pages
...defendant infilled upon it, (he in compaffion to her brother paid what he required. If the aft is in itfelf immoral, or a violation of the general laws of public policy, there the party paying (hall not have this action; for where both parties are equally cumins! againft fuch general laws, the...
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Reports of Cases Argued and Determined in the Court of King's ..., Volumes 1-2

Great Britain. Court of King's Bench, Sylvester Douglas Baron Glenbervie - Law reports, digests, etc - 1813 - 1010 pages
...present case. It is argued, that, as the plaintiff founds her claim on au illegal act, she shall jiot have relief in a court of justice. But she did not...required. If the act is in itself immoral, or a violation ot the general laws of public policy, there, the party paying shall not have this action ; for where...
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Cases Decided in the Court of Session, Volume 4

Scotland. Court of Session - Law reports, digests, etc - 1826 - 980 pages
...the maxim in turpi causa, etc. was well laid down by Lord Mansfield in the following remarks :— If the ' act is in itself immoral, or a violation of the general rules of pub' lie policy, the party paying shall not have his action ; for where ' both parties are...
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Reports of Cases Adjudged in the Court of Chancery of New-York ..., Volume 6

New York (State). Court of Chancery, William Johnson - Equity - 1828 - 556 pages
...willingly. If it be illegal and iniquitous in the defendant to take, it was so to detain. It the act be in itself immoral, or a violation of the general laws...public policy, there the party paying shall not have his action, for where both parties are equally criminal against such general laws, the rule is potior...
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Commentaries on Equity Jurisprudence: As Administered in England ..., Volume 1

Joseph Story - Equity - 1839 - 658 pages
...exception. Smith v. Bromley, Doug. R. 695, note ; Id. 697, 698. In this case Lord Mansfield said, " If the act is in itself immoral, or a violation of...there the party paying shall not have this action [to recover Iiavk the money]; for where both parties are equally criminal against such general luws,...
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Merchants' Magazine and Commercial Review, Volume 32

Commerce - 1855 - 800 pages
...the plaintiff founds her claim upon an illegal act, she shall not have relief in a court of justice. If the act is in itself immoral, or a violation of the general rules of public policy, then the party paying shall not have this action ; for when both parties arc...
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Commentaries on Equity Jurisprudence, as Administered in England ..., Volume 1

Joseph Story - Equity - 1866 - 860 pages
...exception. Smith v. Bromley, Doug. R. 695, note ; Id. 697, 698. In this case Lord Mansfield said : " If the act is in itself immoral, or a violation of...there the party paying shall not have this action [to recover back the money] ; for, where both parties are equally criminal against such general laws,...
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