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" It is perfectly settled that where the contract which the plaintiff seeks to enforce, be it express or implied, is expressly or by implication forbidden by the common or statute law, no court will lend its assistance to give it effect. It is equally clear... "
Reports of Cases Argued and Determined in the Courts of Exchequer ... - Σελίδα 362
των Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1840
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Reports of Cases Argued and Determined in the Court of Exchequer ..., Τόμος 2

Great Britain. Court of Exchequer, Charles James Gale - 1838 - 284 σελίδες
...substance, and consequently the rule must be discharged. It is perfectly settled, that where the contract which the plaintiff seeks to enforce, be it express...though the statute inflicts a penalty only, because such a penalty implies a prohibition. Lord Holt, Bartlett v. Vinor (s). And it may be safely laid down,...

Cases in the Court of Common Pleas and Exchequer Chamber, Τόμος 6

Great Britain. Court of Common Pleas, John Scott - 1839 - 1084 σελίδες
...delivering the judgment of the court, there says: " It is perfectly settled, that, where the contract which the plaintiff seeks to enforce, be it express...though the statute inflicts a penalty only, because such a penalty implies a prohibition — Lord Holt, Bartlett v. Vinor, Carth. 252. And it may be safely...

Cases in the Court of Common Pleas and Exchequer Chamber [1834-1840].

Great Britain. Court of Common Pleas - 1839 - 956 σελίδες
...delivering the judgment of the court, there says: " It is perfectly settled, that, where the contract which the plaintiff seeks to enforce, be it express...though the statute inflicts a penalty only, because such a penalty implies u prohibition—Lord Holt, Bartlett v. Vinor, Carth. 252. And it may be safely...

Scott's New Reports in the Court of Common Pleas and Exchequer Chamber [1840 ...

Great Britain. Court of Common Pleas, John Scott - 1845 - 1114 σελίδες
...Exchequer, in Cope v. Rowlands, 2 M. & W. 157, says: "It is perfectly settled, that, where the contract which the plaintiff seeks to enforce, be it express...though the statute inflicts a penalty only, because such a penalty implies a prohibition — Lord Holt, Bartlett v. Viner, Garth. 252, Skin. 322. And it...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 17

Vermont. Supreme Court - 1846 - 798 σελίδες
...aid to carry such intention into effect ? The rule, as laid Thompson r. Gilraan. down by Chitty, is, that a contract is void, if prohibited by a statute, though the statute only inflicts a penalty ; because such a penalty implies a prohibition. Chitty on Contracts, (last...

The Exchequer Reports: Reports of Cases Argued and Determined in ..., Τόμος 10

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - 1855 - 1010 σελίδες
...by Lord Holt, CJ, in Bartlett v. Vinor (6), and recognised by the Court in Cope v. Rowlands (c), " a contract is void if prohibited by a statute, though...penalty only, because a penalty implies a prohibition." [Parke, B. — You must look to the object of that statute : The 37th section merely inflicts a penalty...

The Practice in Courts of Justice in England and the United States, Τόμος 2

Conway Robinson - 1855 - 884 σελίδες
...thinks, be likely to have the verdict of the jury or judgment of the court in his favour. 11 How. 521. A contract is void if prohibited by a statute, though the statute inflicts a penalty only, because such a penalty implies a prohibition. Lord Holt, Bartlett v. Vinor, Carthew 252 ; Mitchell v. Smith,...

Cases Argued and Determined in the Court of Common Pleas and in the ..., Τόμος 4

John Scott, Great Britain. Court of Common Pleas - 1860 - 568 σελίδες
...Cope v. Rowlands, 2 M. & W. 149,f Parke, B., says: " It is perfectly settled, that, where the contract which the plaintiff seeks to enforce, be it express...though the statute inflicts a penalty only, because such a penalty implies a prohibition." And that has repeatedly been acted upon since. [CHOWDER, J.—The...

Selwyn's Abridgment of the Law of Nisi Prius

William Selwyn - 1861 - 840 σελίδες
...(o). Of Agreement* in contravention of Statutes.—" It is perfectly settled, that where the contract which the plaintiff seeks to enforce, be it express...though the statute inflicts a penalty only, because such a penalty implies a prohibition; Lord Holt, Bartlett v. Vinor (p). And it may be safely laid down,...

Cases Decided in the United States Court of Claims ... with ..., Τόμος 147

United States. Court of Claims, Audrey Bernhardt - 1962 - 712 σελίδες
...repeatedly been enounced in later cases. Thus, for example, by the Court of Exchequer : "Where the contract which the plaintiff seeks to enforce, be it express...though the statute inflicts a penalty only, because such a penalty implies a prohibition." It is needless to discuss the "policy of the law" when it is...




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