 The test," says Judge Duncan in Swan v. Scott, 11 Serg. & R. 164, "whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case.  American Law Reports Annotated - Page 1881927Full view - About this book
 | Great Britain. Court of Common Pleas, William Pyle Taunton - 1819 - 766 pages
...more than twelve months after the demolishing. Beatsun and Ottt" v. Rushfortb. *S ILLEGAL CONTRACT. . The test, whether a demand connected with an illegal transaction, is capable of being enforced at la»p> is, whether the Plaintiff requires any aid from the illegal transaction to establish his case.... | |
 | Alabama. Supreme Court, George Noble Stewart - Law reports, digests, etc - 1832 - 558 pages
...salutary purposes, and prevents its pervertion. In the case of Simpson v. Bloss, • it is said "that the test, whether a demand connected with an illegal...enforced at law, is whether the plaintiff requires any aid from the illegal transaction to establish his claim." The doctrine of tliia case is to be found... | |
 | Law reports, digests, etc - 1869 - 1032 pages
...the common or statute law, no Court will lend its assistance to give it effect ; and the test as to whether a demand connected with an illegal transaction...enforced at law is, whether the plaintiff requires to rely on such transaction in order to establish his case." In Holman v. Johnson (I) Lord Mansfield,... | |
 | Joseph Chitty - Contracts - 1834 - 850 pages
...oritur non actio. The common law prohibits every thing which is unjust, or contra bonos mores (a) : and the test, whether a demand connected with an illegal...enforced at law, is, whether the plaintiff requires any aid from the illegal transaction to establish his case (6). The object of all laws is to repress... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1839 - 1084 pages
...be distinguished from these. [Bosanquet, J. — In Simpson v. Bloss, 7 Taunt. 246, it was held that the test whether a demand connected with an illegal...enforced at law, is, whether the plaintiff requires any aid from the illegal transaction. — Tindal, CJ — Suppose the contract had been stated at length... | |
 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1839 - 956 pages
...cannot be distinguished from these. [Bosanquet, J.—In Simpson v. Bloss, 7 Taunt. 246, it was held that the test whether a demand connected with an illegal...enforced at law, is, whether the plaintiff requires any aid from the illegal transaction.— Tindal, CJ—Suppose the contract had been stated at length... | |
 | Thomas Isaac Wharton - Law reports, digests, etc - 1843 - 870 pages
...rescind the assignment and transfer. Delamater's Estate, 1 Wh. 362. (b) Illegal consideration. 43. The test, whether a demand connected with an illegal...of the illegal transaction, to establish his case. Swan v. Scott, 11 S. &R. 164. DUNCAN,!. 44. Where a contract grows immediately out of, and is connected... | |
 | Law - 1844 - 324 pages
...Bank vs. Merrick, 14 Mass. Rep, 322, and cases cited above. The true test by which it is ascertained whether a demand connected with an illegal transaction, is capable of being enforced at law, it is said, is, whether the plaintiff requires the aid of the illegal transaction, to establish his... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1846 - 1178 pages
...Ala. 486 ; 9 Mass. 423 ; 16 Id. 94 ; 10 Peters, 344.] Whetstone v. The Bank at Montgomery. The true test, whether a demand connected with an illegal transaction...enforced at law, is, whether the plaintiff requires any aid from the illegal transaction to establish his case. [7 Taunton, 42G ; 2 Marsh. 542 ; 1 Caine's,... | |
 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1847 - 612 pages
...answer to Rouse's action upon the •5081 b'll- I" Simpson v. Bloss, 1 Taunt. 246, it was held that the test, *whether a demand connected with an illegal...enforced at law, is, whether the plaintiff requires any aid from the illegal transaction to establish his case. There, the plaintiff laid an illegal wager... | |
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