That is not lawful which is: 1. Contrary to an express provision of law; 2. Contrary to the policy of express law, though not expressly prohibited; or, 3. Otherwise contrary to good morals. The Pacific Reporter - Page 1271903Full view - About this book
| Law reports, digests, etc - 1905 - 1102 pages
...unlawful. 1889. CALIFORNIA SUPREME Соикт. Civ. Code, 8 1667. provides: Tliat is not lawful wliich is (1) contrary to an express provision of law; (2)...policy of express law, though not expressly prohibited. See Moore v. Bank of Commerce, 52 Mo. 877, 879. A banker has a general lien, dependent on possession,... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1908 - 1196 pages
...validity of a contract of this character. Our code, in considering the subject of contracts, declares : "That is not lawful which is: (1) Contrary to an express...prohibited; or (3) otherwise contrary to good morals": Civ. Code, sec. 2240. This contract is not one which is contrary to any express provision of law; and... | |
| California. Supreme Court - Law reports, digests, etc - 1908 - 950 pages
...turns upon the meaning of the words 'without authority of law.' Section 1607 of the Civil Code reads: 'That is not lawful which is: 1. Contrary to an express...provision of law; 2. Contrary to the policy of express law . . . ; or, 3. Otherwise contrary to good morals. . . .' The ordering of the warrant drawn in July... | |
| Law reports, digests, etc - 1910 - 1294 pages
...increase of stock or indebtedness shall be void." Sections 1271 and 1272 read as follows: "Sec. 1271. That is not lawful which is: (1) Contrary to an express...prohibited; or (3) otherwise contrary to good morals. "Sec. 1272. All contracts which have for their object, directly or indirectly, to exempt any one from... | |
| William Angus Sutherland - Civil procedure - 1910 - 1052 pages
...Bosw. 79. contract is void.474 That is not lawful which is contrary to an express provision of law, or contrary to the policy of express law, though not expressly prohibited or otherwise contrary to good morals.470 An answer setting up for defense a failure of consideration must... | |
| South Dakota. Supreme Court - Court rules - 1913 - 718 pages
...The operation of law. While section 1271 of the same code provides, "That is not lawful iihiclfis: 1 . Contrary to an express provision of law. 2. Contrary...prohibited ; or 3. Otherwise contrary to good morals. Under the foregoing statute the first thought that would appeal to a person in regard to the contract... | |
| William Meade Fletcher - Corporation law - 1917 - 1212 pages
...acts in contravention of public policy, that is to say acts contrary to an express provision of law or contrary to the policy of express law, though not expressly prohibited or (otherwise) contrary lo good morals. Such acts, when done by corporations, are unlawful and void, not... | |
| Law reports, digests, etc - 1918 - 1202 pages
...controlling. Section 1271, C. C., says that is not lawful which is: "(1) Contrary to * * * express • * • law ; "(2) Contrary to the policy of express law,...prohibited ; or, "(3) Otherwise contrary to good morals." Section 1618, CC, provides that : "A trustee may not use or deal with the trust property * * * for... | |
| Electronic journals - 1918 - 508 pages
...23. decision upon the provisions of the Civil Code. The Code provides, it will be remembered, that "that is not lawful which is (1) contrary to an express provision of law.""5 Although the language of this provision makes no distinction as to the nature of the provision... | |
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