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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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The American Decisions: Containing All the Cases of General Value ..., Volume 67

John Proffatt, Abraham Clark Freeman - Law reports, digests, etc - 1885 - 858 pages
...the plaintiff was seeking to recover back money paid upon an illegal contract, Lord Mansfield said: "If the act is in itself immoral, or a violation of the general laws of public policy, then the party paying shall not have this action; for when both parties are equally criminal against...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1885 - 724 pages
...itself void and will not maintain an action. Lord Mansfield, in Smith v. Bromley (Douglas, 696). says: "If the act is in itself immoral, or a violation of the general laws of public policy, then the party paying shall 7iot have this action." in Tracy v. Talmage (supra, 117), Judge Comstock...
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The Atlantic Reporter, Volume 63

Law reports, digests, etc - 1906 - 1154 pages
...And then this observation of Lord Mansfield in Smith v. Bromley. Doug. 697, was quoted with approval. "If the act is in itself immoral, or a violation of...there the party paying shall not have this action. A contract which is vlolative of some rule of public policy is Illegal, and is aptly described as a...
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A Selection of Cases on the Law of Quasi-contracts, Volumes 1-2

William Albert Keener - Quasi contracts - 1888 - 1234 pages
...plaintiff was seeking to recover back money paid upon an illegal contract, Lord MANSFIELD said : " If the act is in itself immoral, or a violation of the general laws of public policy, then the party paying shall not have this action ; for when both parties are equally criminal against...
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Reports of Cases Decided in the Appellate Courts of the State of ..., Volume 38

Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - Law reports, digests, etc - 1891 - 698 pages
...696, note tcited in White v. Franklin Bank, 22 Pick. 186), he laid down the doctrine : " If the aut is in itself immoral, or a violation of the general laws of public policy, then the party shall not have this action; for where both parties are equally criminal against such...
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Reports of Cases Decided in the Appellate Courts of the State of ..., Volume 40

Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - Law reports, digests, etc - 1892 - 718 pages
...reproduce the Iangnage of Lord Mansfield in Smith v. Bromley, Doug. 695, as ijuoted in note to Sec. 298: "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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The Albany Law Journal: A Monthly Record of the Law and the ..., Volumes 51-52

Law - 1895 - 914 pages
...money paid by the former to the latter cannot be recovered back. This rule applies where the act done is in itself immoral, or a violation of the general laws of public policy, but it does not bar a recovery where law violated is intended for the protection of the citizen against...
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A Selection of Cases on the Law of Private Corporations

Leslie Jay Tompkins - Corporation law - 1908 - 1188 pages
...itself void and will not maintain an action." Lord Mansfield, in Smith v. Bromley, Douglas, 696, says: " If the act is in itself immoral, or a violation of the general laws of public policy, then the party paying shall not have this action." In Traey v. Talmage, supra, 217, Comstock, J., says:...
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Select Cases and Other Authorities on the Law of Private Corporations

Edward Henry Warren - Corporation law - 1909 - 736 pages
...*"• . i cannot in its terms be enforced." Lord MANSFIELD, in Smith v. Bromley (Douglas, 696), says : "If the act is in itself immoral, or a violation of the general laws of public policy, then the party paying shall not have this action." In Tracy v. ^^Talmage, (supra, 217), Judge COMSTOCK...
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Lawyers' Reports Annotated, Book 42

Law reports, digests, etc - 1913 - 1332 pages
...implied by law to refund it. Thus, in Smith v. Bromley, 2 Dougl. KB 097, note, Lord Mansfield said: 'If the act is in itself immoral, or a violation of...there the party paying shall not have this action. . . . But there are other laws which arc calculated for the protection of the subject against oppression,...
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