Reports Of Cases In The Supreme Court Of Nebraska (volume 95)

Paperback | January 31, 2012

byNebraska. Supreme Court

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914. Excerpt: ... The defendants take the position that the parties to the contract are in pari delicto; that such a contract is against public policy and public morals; and that no court will lend its aid to a cause of action which is based upon an immoral and illegal transaction of the nature pleaded by the plaintiff. The question as to the nature of transactions of this kind first came before this court in Rudolf v. Winters, 1 Neb. 125, which was an action to recover upon a due bill given for margins. It was said in the opinion: "The test in such cases is whether the party requires the aid of the illegal transaction to establish his claim; and, if he cannot proceed without showing that he has broken the law, the court cannot assist him, whatever may be his demand." Part of the syllabus is as follows: "A contract to operate in grain options to be adjusted according to the differences in the market value thereof, is a contract for a gambling transaction which the law will not tolerate. It is contra bonos mores, and against public policy. Whenever a claim is bottomed on an immoral or illegal transaction, no right whatever can be founded upon such contract which the law will sanction or the courts maintain." This doctrine has been strictly followed ever since. Sprannc r. Warren, 26 Neb. 326, 335; Watte v. Wickersham, 27 Neb. 457; Morrisscy v. Broomal, 37 Neb. 766, 784; Rogers & Bro. v. Marriott, 59 Neb. 759; Mcmlel v. Bot/d, 3 Neb. (Unof.) 473. The rule is practically a part of the American common law. Note on p. 758, 1 Am. St. Rep., to Crawford v. Spencer, 92 Mo. 498. It will be seen that this view has prevailed for more than 35 years, and that the courts of this state have consistently refused to lend their aid to either party in such transactions. The enactment of the st...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914. Excerpt: ... The defendants take the position that the parties to the contract are in pari delicto; that such a contract is against public ...

Format:PaperbackDimensions:308 pages, 9.69 × 7.44 × 0.65 inPublished:January 31, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217255701

ISBN - 13:9780217255707

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