73 N.C. 563 | N.C. | 1875
The facts, pertinent to the case, as decided, are fully set out in
In the re-argument, Mr. Smith submits the true test for determining whether the action can be maintained, to be this: If the plaintiffs' demand, though connected with an illegal transaction, can be enforced, without aid from the illegal transaction, it will be upheld; and in support of this position, he cites Simpson v. Bloss, 2 E. C. L. R., 3 and 6. The rule is not disputed, but the difficulty is in its application. The burden of so presenting his demand that it may be enforced without opening the illegal transaction, certainly rests upon the plaintiff, and the rule laid down by Mr. Smith will be found easier in theory than in the practical application of it. The Courts will not be swift to seek a way of enforcing a demand which springs out of a nefarious transaction, upon subtle distinctions.
But this Court in the opinion delivered,
Again: Where several parties entered into an unlawful agreement to bid for certain work, and did put in a bid, but before it was awarded, another who was a higher bidder, purchased the bid for $400, giving his note therefore. It was afterwards agreed, that one of the parties to the illegal partnership, should collect the note, and that each of the partners should receive $100 of the proceeds. One of the parties was not paid, and brought his action for his share of the money collected. It was held that the partnership being illegal, he could not enforce any of its unexecuted provisions, one of which was to divide the $400. Woodworth v. Bennett,
These cases are but in affirmance of Blythe v. Lovingood, 2 Ired. 20, and the prior case of Holman v. Johnson, Cowper 343, cited and fully commented upon in the opinion of this Court, as delivered by Justice READE.
The whole doctrine may be summed up in this proposition, viz: The taint of illegality extends to and vitiates every subsequent transaction growing out of and in furtherance of the original illegal transaction. We do not propose to go further in the discussion, and have said this much only in answer to the argument submitted on the re-hearing. The soundness of *566 our decision rests upon the opinion of the Court as delivered heretofore.
We again call the attention of the profession to what was said by the Court in the case of Watson v. Dodd, 72 N.C. Reports.
The former judgment of this Court is affirmed.
PER CURIAM. Judgment affirmed.