| 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,... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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,... | |
| 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... | |
| 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,... | |
| 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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