41 Minn. 242 | Minn. | 1889
The plaintiff is an attorney-at-law. The action is for the recovery of an alleged stipulated compensation for services in procuring the pardon of the defendant’s son, who was imprisoned for a term of years in the state penitentiary. The appellant’s contention, that the court should declare the contract to have been illegal, cannot be sustained. The presumption of law is in favor of the legality of contracts, and, the object sought to be accomplished being lawful, unless it affirmatively and distinctly appears that it was contemplated that means were to be resorted to for its accomplishment which the law would not sanction, the courts cannot declare the contract invalid. There was nothing unlawful or opposed to public policy in simply employing the plaintiff to endeavor, by proper means, to secure a pardon. Chadwick v. Knox, 31 N. H. 226, (64 Am. Dec.
The evidence justified the conclusions that the plaintiff employed the defendant to endeavor to secure a pardon, agreeing to pay him $200 in the event that he was successful; that the plaintiff’s services were directed to that end; and that they were largely, if not chiefly, instrumental in securing that result. The pardon was granted, nor does it appear that any improper means were employed for that purpose. It is immaterial that other persons were also employed by the defendant, after the making of the contract, whose exertions may have contributed to the result. There was no impropriety in showing directly, by the testimony of Gov. McGill, that what the plaintiff had done in the case had influenced his action.
Order affirmed.