53 Vt. 338 | Vt. | 1881
The opinion of the court was delivered by
Chanceller Kent lays down the rule that the consideration of a contract must, in order to entitle the party to recover, “ not only be valuable, but it must be a lawful consideration, and not repugnant to law, or sound policy, or good morals. Ex turpi contractu actio non oritur ; and no person even so far back as the feudal ages, was permitted by law to stipulate for iniquity.” 2 Kent Com. *466.
In Smith on Contracts, page 141, the author says : “ There is another remarkable instance of contracts falling under this class, namely, of illegality created by the rules of common law. It consists of contracts void because of having a tendency to obstruct the administration of justice.” And he cites Collins v. Blantern, 2 Wils. 341; Unwin v. Loper, 1 M. & Gr. 747, E. C. L. R., vol. 39; Kier v. Leeman, 6 Ad. & E. 316, E. C. L. R., vol. 51.
There are numerous cases in the English and American reports, including those of Vermont, which illustrate the general rule that contracts are illegal when founded on a consideration contra-bonos mores, or against the principles of sound policy ; as where the consideration was the suppression of evidence in a criminal prosecution, Badger v. Williams, 1 D. Chip. 137; stifling a criminal prosecution, Bailey v. Buck, 11 Vt. 252; compounding of felonies or suppressing a criminal prosecution, Hinesburgh v. Sumner, 9 Vt. 23; Bowen v. Buck, 28 Vt. 308; sale of office, Ferris v. Adams, 23 Vt. 136; hired electioneering, Nichols v. Mudgett, 32 Vt. 546; “ lobbying in the legislature,” Powers v. Skinner, 34 Vt. 274. The law gives no countenance to an illegal contract.
Did the services of the plaintiff in this case come within the above rule ? The defendant had been bound up for adultery; and the plaintiff’s purpose was, first, to prevent an indictment; not because he believed the defendant was innocent, because the
The plaintiff’s services in this case were unavailing to obstruct the administration of justice ; but such was their purpose and natural tendency. They, therefore, do not constitute a legal consideration of a contract.
Although this case comes, as we think, under familiar principles of law, it is yet somewhat peculiar and novel in its facts : and in this decision we do not intend to trench upon the rights of respondents, or of their friends and counsel in their behalf, in the use of all legitimate means of defence. The evident purpose of the plaintiff, and the necessary tendency of his services to obstruct justice, especially indicated by his persistently besetting the prosecuting officer, after the latter had become familiar with the facts, and the grand jury had found an indictment, distinguish the plaintiff’s claim, and taint it with illegality.
Judgment affirmed.