National Bank Cases, Containing All Decisions of Both the Federal And State Courts Relating to National Banks, With Notes And References. 1864-[1889]

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I53 Union Gold Hill Mining Co. v. Rocky Mountain National Bank.
1% How. 79, the court say " that where the defendant sued upon a note sets up the illegality of the consideration, the whole statute must be examined to discover whether the legislature intended to prevent courts of justice from enforcing contracts in relation to the act prohibited. When a statute prohibits an act or annexes a penalty for its commission, it does not follow that the unlawful- ness of the act was meant to avoid a con
...tract made in contravention of it. When a statute provided that slaves should not be brought into this State without a previous certificate signed by two free- holders, and the slaves were brought in without such certificate and sold, the contract is not void, but the purchaser must pay his note given for the purchase-money." Justice Wayne says that the rule is allowed not for the benefit of either party to the illegal contract, but altogether upon grounds of public policy.
In O'Hare v. The Second National Banlc of Titusville, 77 Penn.


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