| United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1870 - 746 pages
...defendant. It is not for his sake, however, that the objection is ever allowed, but it is founded on general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff." Such is the law, and the defendant would have... | |
| Great Britain. Magistrates' cases - Justices of the peace - 1871 - 716 pages
...to be applied in an illegal way. " The objection," says Lord Mansfield in Montefiori v. Monlejiwi, that a contract is immoral or illegal as between plaintiff...which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff ; by accident if I may so say. The principle of public... | |
| Great Britain. Magistrates' cases - Justices of the peace - 1871 - 712 pages
...that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very 111 in the mouth of the defendant. It is not for his sake,...which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff ; by accident if I may so say. The principle of public... | |
| Edward William Cox - Criminal law - 1871 - 856 pages
...sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that tho objection is ever allowed, but it is founded in general...which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff; by accident, if I may so say. The principle of public... | |
| Electronic journals - 1872 - 854 pages
...defendant. It is not for his sake, however, that the objection is ever allowed ; but it is founded on general principles of policy, which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff ; not for the sake of the defendant, but because... | |
| New South Wales. Supreme Court - Law reports, digests, etc - 1873 - 546 pages
...Holman v. Holman (a), " that a contract is immoral or illegal, as between plaintiff and defendant, comes at all times very ill in the mouth of the defendant....which the defendant has the advantage of contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of... | |
| Law - 1878 - 540 pages
..." It is not for the defendant's sake that the objection that the transaction is immoral or illegal is ever allowed, but it is founded in general principles...policy, which the defendant has the advantage of. The principle of public policy is this, ex dolo malo non oritur actio. No court will lend its aid to... | |
| Frederick Pollock - Contracts - 1876 - 692 pages
...Cp. D. 50. 17. de reg. iuris, form by Paulus : "Item quod leges 154, C. 4. 7. de condict. ob turpem ever allowed, but it is founded in general principles...which the defendant has the advantage of; contrary to the real justice as between him and the plaintiff, by accident, if I may say so. The principle of public... | |
| Frederick Pollock - Contracts - 1876 - 694 pages
...l>y Paulus : " Item quod leges 154, C. 4. 7. de condict. oh turpem ever allowed, but it is founded iu general principles of policy, which the defendant has the advantage of; contrary to the real justice as between him and the plaintiff, by accident, if I may say so. The principle of public... | |
| John William Smith - Conflict of laws - 1878 - 596 pages
...often-quoted remarks of Lord Mansfield upon this rule may bear repetition here. " The objection," said he, " that a contract is immoral or illegal as between plaintiff...which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of... | |
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