An Epitome of Leading Common Law Cases With Some Short Notes Thereon Chiefly I
An Epitome of Leading Common Law Cases With Some Short Notes Thereon Chiefly I
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Vol. I. P. 667. ) (2 Wilson 34L) In this case the plaintiff sued on a bond executed by certain parties, of whom the defendant was one, the obligation of which was ^^700 conditioned for payment of ;!^350. The defendant pleaded the following facts, which showed that the consideration though not ap- pearing on the face of the bond was illegal : Certain parties were prosecuted for perjury by one John Rudge, and pleaded not guilty. According to an arrangement the plaintiff gave his promissory note t...o the prose- cutor, John Rudge, he to forbear further prosecuting, and as part of the arrangement the bond on which plaintiff sued was executed to indemnify him. The question was whether such a plea was good. Decided: That the plea was good, for illegality may be pleaded as a defence to an action on a bond.
Notes. — It will be observed that the instrument was one under seal, and that the case decides that though so under seal, and notwithstand- ing the rule that a contract under seal is binding on the party making it, whether there is a consideration or not, the defendant was not estopped from setting up the illegality.
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To quickly assess the difficulty of the text, read a short excerpt:
Vol. I. P. 667. ) (2 Wilson 34L) In this case the plaintiff sued on a bond executed by certain parties, of whom the defendant was one, the obligation of which was ^^700 conditioned for payment of ;!^350. The defendant pleaded the following facts, which showed that the consideration though not ap- pearing on the face of the bond was illegal : Certain parties were prosecuted for perjury by one John Rudge, and pleaded not guilty. According to an arrangement the plaintiff gave his promissory note t...o the prose- cutor, John Rudge, he to forbear further prosecuting, and as part of the arrangement the bond on which plaintiff sued was executed to indemnify him. The question was whether such a plea was good. Decided: That the plea was good, for illegality may be pleaded as a defence to an action on a bond.
Notes. — It will be observed that the instrument was one under seal, and that the case decides that though so under seal, and notwithstand- ing the rule that a contract under seal is binding on the party making it, whether there is a consideration or not, the defendant was not estopped from setting up the illegality.
What to read after An Epitome of Leading Common Law Cases With Some Short Notes Thereon Chiefly I?
You can find similar books in the "Read Also" column, or choose other free books by John Indermaur to read onlineMoreLess
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